Education and Training (Tasmanian Polytechnic) Act 2008

Education and Training (Tasmanian Polytechnic) Act 2008

An Act to continue the Tasmanian Polytechnic, to require the Tasmanian Polytechnic to provide post-Year 10 education and training to enable persons to acquire qualifications and participate in the workforce and further education and training and for related purposes

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Education and Training (Tasmanian Polytechnic) Act 2008 .

2.   Commencement

This Act commences on 1 January 2009.

3.   Guiding principle

[Section 3 Amended by No. 23 of 2010, s. 5, Applied:01 Jan 2011] In the administration of this Act, regard is to be had to the principle that the Polytechnic is to work collaboratively with the Tasmanian Academy and the Tasmanian Skills Institute so as to maximise the qualifications and skills of Tasmanians obtained through education and training undertaken after the completion of Year 10.

4.   Interpretation

In this Act –[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011]

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] campus means any premises used by the Polytechnic for the provision of education or training to its students, whether or not the premises are also used by the Tasmanian Academy, the Tasmanian Skills Institute or any other educational institution;

employee means a person appointed or employed for the purposes of the Polytechnic, as specified in section 17 ;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] executive officer means the person appointed as executive officer of the Polytechnic as specified in section 7 ;

overseas student means a student who –

(a) is not entitled to reside permanently in Australia; and

(b) would not normally be resident in Australia if he or she were not attending the Polytechnic or a similar institution;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] Polytechnic means the Tasmanian Polytechnic continued under section 5 ;

post-Year 10 education and training means education and training that is usually undertaken by persons following the completion of Year 10 but does not include higher education, within the meaning of the Tasmanian Qualifications Authority Act 2003 ;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] Secretary means the Secretary of the Department;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] Skills Tasmania means Skills Tasmania established by the Vocational Education and Training Act 1994 ;

student means a person who is undertaking post-Year 10 education and training with the Polytechnic;

student organisation means an organisation formed for the benefit of students;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] Tasmanian Academy means the Tasmanian Academy established and continued by the Education and Training (Tasmanian Academy) Act 2008 ;

[Section 4 Amended by No. 23 of 2010, s. 6, Applied:01 Jan 2011] Tasmanian Skills Institute means the Tasmanian Skills Institute established by the Education and Training (Tasmanian Skills Institute) Act 2008 ;

Year 10 means the year of secondary education commonly known as Year 10.

PART 2 - Tasmanian Polytechnic

[Part 2 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

Division 1 - Continuation of Tasmanian Polytechnic

[Division 1 of Part 2 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

5.   Continuation of Tasmanian Polytechnic

[Section 5 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011] The Tasmanian Polytechnic, which was established under section 5 of this Act as in force immediately before the commencement of the Education and Training (Tasmanian Polytechnic) Amendment Act 2010 , is continued as a State educational institution.

6.   Objectives of Polytechnic

[Section 6 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

(1)  In this section –

entitled person means a person in respect of whom the Secretary, by reason of section 33(2) , is not entitled to impose a fee or charge in respect of the provision of post-Year 10 education and training.

(2)  The Polytechnic has the following objectives:

(a) to provide and promote post-Year 10 education and training for the purpose of enabling persons (including entitled persons), irrespective of their locations, backgrounds and circumstances, to acquire qualifications and participate in the workforce and further education and training;

(b) to provide services, career development support and other support for students in relation to post-Year 10 education and training for the purpose of enabling them to acquire qualifications and participate in the workforce and further education and training;

(c) to ensure that the post-Year 10 education and training provided is consistent with meeting the needs, as determined by Skills Tasmania, of Tasmanian industry and the workforce.

Division 2 - Employees

[Division 2 of Part 2 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

7.   Executive officer

[Section 7 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011] The Polytechnic is to have an executive officer appointed subject to and in accordance with the State Service Act 2000 .

8.   Other employees

[Section 8 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

(1)  Subject to and in accordance with the State Service Act 2000 , persons may be appointed for the purposes of this Act.

(2)  Despite sections 37(1) and (3) of the State Service Act 2000 , the Minister administering that Act may appoint, for the purposes of this Act, a person under that Act as a sessional employee to undertake duties for the purpose of delivering training sessions.

(3)  A person appointed as a sessional employee pursuant to subsection (2)  –

(a) is taken, for all purposes, to be an employee within the meaning of the State Service Act 2000 ; but

(b) is not, by reason only of that appointment, to be regarded for any purpose as being in full-time employment, part-time employment or casual employment within the meaning of the Industrial Relations Act 1984 .

(4)  In this section –

training session means a workplace-oriented course or part of a course that is designed to –

(a) facilitate or supervise learning through any one or more of the following:

(i) instruction;

(ii) mentoring;

(iii) coaching;

(iv) observation;

(v) demonstration;

(vi) the conduct of assessment activities; and

(b) impart knowledge, skills and attitudes.

(5)  Subsections (2) , (3) and (4) are incorporated with, and are to be read together with, the State Service Act 2000 .

11.   

[Section 11 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

12.   

[Section 12 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

13.   

[Section 13 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

Division 3 - Management of facilities and equipment of Polytechnic

[Division 3 of Part 2 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

9.   Hiring out Polytechnic facilities and equipment, &c.

[Section 9 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

(1)  The executive officer may hire out, or authorise the use of, any facilities or equipment used by the Polytechnic –

(a) at any fee determined by the Secretary; and

(b) on any conditions determined by the Secretary.

(2)  The executive officer may authorise the sale to any person of any text books, teaching aids or other materials or equipment devised, produced or otherwise acquired for use in the Polytechnic –

(a) at any fee determined by the Secretary; and

(b) on any conditions determined by the Secretary.

(3)  Any fees received under this section are to be paid into an account with an authorised deposit-taking institution and used for the purposes of the Polytechnic as approved by the Secretary.

10.   Property and equipment

[Section 10 Substituted by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

(1)  The Secretary may lease property and equipment to or from any person for the purposes of this Act.

(2)  The Secretary may authorise a person to occupy any property of the Department on any conditions the Secretary considers appropriate.

14.   

[Section 14 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

15.   

[Section 15 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

16.   

[Section 16 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

Division 4 - Employees - .  .  .  .  .  .  .  .  

[Division 4 of Part 2 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

17.   

[Section 17 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

18.   

[Section 18 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

19.   

[Section 19 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

20.   

[Section 20 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

21.   

[Section 21 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

22.   

[Section 22 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

PART 3 - .  .  .  .  .  .  .  .  

[Part 3 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

23.   

[Section 23 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

24.   

[Section 24 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

26.   

[Section 26 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

27.   

[Section 27 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

28.   

[Section 28 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

30.   

[Section 30 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

PART 4 - .  .  .  .  .  .  .  .  

[Part 4 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011]

32.   

[Section 32 Repealed by No. 23 of 2010, s. 7, Applied:01 Jan 2011] .  .  .  .  .  .  .  .  

PART 5 - Miscellaneous

33.   Fees, levies and charges

(1)  [Section 33 Subsection (1) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] The Secretary may impose, as he or she considers appropriate –

(a) [Section 33 Subsection (1) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] fees and charges in respect of the provision by the Polytechnic of post-Year 10 education and training; and

(b) [Section 33 Subsection (1) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] levies in respect of incidental costs and expenses incurred by the Polytechnic in providing post-Year 10 education and training; and

(c) [Section 33 Subsection (1) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] fees and charges in respect of other goods and services provided by the Polytechnic.

(2)  [Section 33 Subsection (2) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] Despite subsection (1) , the Secretary is not entitled to impose for a year, or part of a year, a fee or charge in respect of the provision by the Polytechnic of post-Year 10 education and training referred to in subsection (1)(a) to a student who –

(a) is entitled under section 47B(2) of the Education Act 1994 to attend the Polytechnic in that year; and

(b) has not attained the age of 19 years before 1 January in that year; and

(c) is not an overseas student.

(3)  [Section 33 Subsection (3) amended by No. 23 of 2010, s. 8, Applied:01 Jan 2011] The Secretary may exempt a person, or a class of persons, from the obligation to pay all or part of any fee, levy or charge that would otherwise be payable.

(4)  [Section 33 Subsection (4) inserted by No. 23 of 2010, s. 8, Applied:01 Jan 2011] Any fees received by the Polytechnic or the Secretary under this section are to be paid into an account with an authorised deposit-taking institution and used for the purposes of the Polytechnic as approved by the Secretary.

34.   Reviews

[Section 34 Substituted by No. 23 of 2010, s. 9, Applied:01 Jan 2011]

(1)  At his or her own discretion or on the direction of the Minister, the Secretary is to carry out reviews for the purpose of assessing one or more of the following:

(a) whether or not the Polytechnic is achieving its objectives;

(b) the relevance of the qualifications acquired by students to their eligibility to participate in the workforce and further education and training.

(2)  In carrying out a review, the Secretary may –

(a) determine standards against which the achievements of the Polytechnic may be assessed; and

(b) require persons employed for the purposes of this Act to provide reports in relation to the achievements of the Polytechnic.

(3)  A report required under subsection (2) is to –

(a) be provided to the Secretary, or such other person as the Secretary determines, within the period determined by the Secretary; and

(b) contain the information required by the Secretary; and

(c) be in a form determined by the Secretary.

(4)  The Secretary may have reports required under subsection (2) reviewed by such persons as he or she considers appropriate.

(5)  On the completion of a review, the Secretary is to publish his or her findings to the public in such manner as the Secretary considers appropriate.

35.   Secretary's instructions

[Section 35 Substituted by No. 23 of 2010, s. 9, Applied:01 Jan 2011]

(1)  The Secretary may issue instructions to be observed by persons, or a class of persons, employed in relation to the administration of this Act.

(2)  Instructions must not be inconsistent with this Act.

36.   Delegations by Secretary and executive officer

[Section 36 Substituted by No. 23 of 2010, s. 9, Applied:01 Jan 2011]

(1)  The Secretary may delegate any of his or her functions or powers under this Act, other than this power of delegation.

(2)  The executive officer may delegate any of his or her functions or powers under this or any other Act, other than this power of delegation.

37.   Regulations

(1)  The Governor may make regulations for the purpose of this Act.

(1A)  [Section 37 Subsection (1A) inserted by No. 23 of 2010, s. 10, Applied:01 Jan 2011] Without limiting the generality of subsection (1) , the regulations may be made in relation to one or more of the following:

(a) student organisations;

(b) the conduct and discipline of persons –

(i) on campuses; and

(ii) in respect of facilities and equipment managed or used by the Polytechnic; and

(iii) in respect of the provision of post-Year 10 education and training.

(2)  Regulations may be made so as to apply differently according to such factors as are specified in the regulations.

(3)  The regulations may –

(a) provide that a contravention of any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(4)  [Section 37 Subsection (4) amended by No. 23 of 2010, s. 10, Applied:01 Jan 2011] The regulations may authorise any matter to be from time to time determined, applied or regulated by the Secretary or the executive officer.

(5)  [Section 37 Subsection (5) substituted by No. 23 of 2010, s. 10, Applied:01 Jan 2011] The regulations may contain provisions of a savings or transitional nature consequent on the enactment of –

(a) this Act; or

(b) the Education and Training (Consequential Amendments and Rescissions) Act 2010; or

(c) any other Act amending this Act; or

(d) the Education and Training (Transitional Provisions) Act 2010.

(6)  [Section 37 Subsection (6) amended by No. 23 of 2010, s. 10, Applied:01 Jan 2011] A provision referred to in subsection (5) may take effect on and from the day on which this Act, or an Act amending this Act, commences or a later day.

(7)  [Section 37 Subsection (7) inserted by No. 23 of 2010, s. 10, Applied:01 Jan 2011] The regulations may be combined with regulations made under one or more of the following Acts:

(a) Education Act 1994 ;

(b) Education and Training (Tasmanian Academy) Act 2008 ;

(c) Education and Training (Tasmanian Skills Institute) Act 2008 .

38.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(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 is the Department of Education.

SCHEDULE 1

[Schedule 1 Repealed by No. 23 of 2010, s. 11, Applied:01 Jan 2011]

SCHEDULE 2

[Schedule 2 Repealed by No. 23 of 2010, s. 11, Applied:01 Jan 2011]

SCHEDULE 3

[Schedule 3 Repealed by No. 23 of 2010, s. 11, Applied:01 Jan 2011]