Education and Training (Tasmanian Academy) Act 2008
An Act to continue the Tasmanian Academy, to require the Tasmanian Academy to provide post-Year 10 education to enable persons to acquire qualifications and eligibility to participate in the workforce, in higher education and in other further education and training and for related purposes
[Royal Assent 18 November 2008]
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
This Act may be cited as the Education and Training (Tasmanian Academy) Act 2008 .
This Act commences on 1 January 2009.
[Section 3 Amended by No. 22 of 2010, s. 5, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] In the administration of this Act, regard is to be had to the principle that the Academy is to work collaboratively with TasTAFE so as to maximise the qualifications and skills of Tasmanians obtained through education and training undertaken after the completion of Year 10.
In this Act –[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] Academy means the Tasmanian Academy continued under section 5 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011][Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] Academy association means the Academy association established under section 9 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] [Section 4 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] campus means any premises used by a college for the provision of education to its students, whether or not the premises are also used by another college, TasTAFE or any other educational institution;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] college means a college established under section 12 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] college association means a college association established under section 17 ;employee means a person appointed or employed for the purposes of the Academy, as specified in section 17 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] 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;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] executive officer means the person appointed as executive officer of the Academy 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 Academy or a similar institution;[Section 4 Amended by No. 15 of 2015, s. 129, Applied:29 May 2015] post-Year 10 education means education that is usually undertaken by persons following the completion of Year 10 but does not include higher education, within the meaning of the Office of Tasmanian Assessment, Standards and Certification Act 2003 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] principal means the principal of a college appointed as specified in section 13 ;[Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] Secretary means the Secretary of the Department;student means a person who is undertaking post-Year 10 education with the Academy;student organisation means an organisation formed for the benefit of students;[Section 4 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 4 Amended by No. 22 of 2010, s. 6, Applied:01 Jan 2011] [Section 4 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013][Section 4 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] TasTAFE means TasTAFE created under section 56 of the Training and Workforce Development Act 2013 ;Year 10 means the year of secondary education commonly known as Year 10.
PART 2 - Tasmanian Academy[Part 2 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
Division 1 - Continuation of Tasmanian Academy[Division 1 of Part 2 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
5. Continuation of Tasmanian Academy
[Section 5 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011] The Tasmanian Academy, which was established under section 5 of this Act as in force immediately before the commencement of the Education and Training (Tasmanian Academy) Amendment Act 2010 , is continued as a State educational institution.
[Section 6 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011] The Academy has the following objectives:(a) to provide post-Year 10 education for the purpose of enabling entitled persons, irrespective of their locations, backgrounds and circumstances, to acquire qualifications and eligibility to participate in the workforce, in higher education and in other further education and training;(b) to –(i) provide to entitled persons, irrespective of their locations, backgrounds and circumstances, post-Year 10 education so as to enable those entitled persons to participate in the eligible options, within the meaning of the Youth Participation in Education and Training (Guaranteeing Futures) Act 2005 , that are specified in their participation records opened under that Act; and(ii) be responsible for those entitled persons successfully completing the eligible options specified in those participation records; and(iii) to provide services and support to entitled persons for the purpose of enabling them, irrespective of their locations, backgrounds and circumstances, to acquire qualifications and eligibility to participate in the workforce, in higher education and in other further education and training.
Division 2 - Employees[Division 2 of Part 2 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
[Section 7 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011] The Academy is to have an executive officer appointed subject to and in accordance with the State Service Act 2000 .
[Section 8 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011] Subject to and in accordance with the State Service Act 2000 , persons may be appointed for the purposes of this Act.
Division 3 - Academy association[Division 3 of Part 2 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
[Section 9 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) The Secretary may establish the Academy association.(2) The Academy association consists of no fewer than 7 members of whom –(a) one is the Secretary or his or her delegate; and(b) the remainder are representatives of organisations that the Minister considers have an interest in education and training.(3) The members of the Academy association referred to in subsection (2)(b) are appointed by the Minister.(4) Before appointing the members of the Academy association referred to in subsection (2)(b) , the Minister may request such organisations that the Minister considers have an interest in education and training to nominate suitable persons for appointment as members.(5) In appointing members of the Academy association, the Minister is to –(a) have regard to the need for the members to have an understanding of post-Year 10 education and the needs of students, parents, higher education providers and employers; and(b) take into account the desirability of having as members both men and women; and(c) take into account the desirability of having as members persons from all regions of the State.(6) The Secretary or his or her delegate is the chairperson of the Academy association.(7) Schedule 1 has effect with respect to the members and meetings of the Academy association.
10. Functions of Academy association
[Section 10 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) The primary function of the Academy association is to advise the executive officer in relation to the following matters:(a) the coordination of the colleges with respect to issues of state-wide educational interest;(b) procedures for ensuring that the interests of students are a primary consideration of the Academy and the colleges, including procedures for effective collaboration between the colleges;(c) such other matters as the Secretary or executive officer determines by notice provided to the Academy association.(2) The Academy association also has the functions specified in its constitution.(3) The Secretary or the executive officer, by notice provided to the Academy association, may require the Academy association to consider and report on a matter within the period, or by the day, specified in the notice.(4) The Academy association is to perform its functions in accordance with –(a) its constitution; and(b) any instructions issued by the Minister or the Secretary.(5) Instructions issued under subsection (4) must not be inconsistent with this Act or the constitution of the Academy association.
11. Constitution of Academy association
[Section 11 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) The Secretary is to submit to the Minister a draft constitution of the Academy association.(2) If satisfied that the draft constitution is appropriate, the Minister is to approve it as the constitution of the Academy association.(3) Any change to the constitution of the Academy association is to have the prior approval of the Minister.
Division 6 - Directions and plans - . . . . . . . .[Division 6 of Part 2 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] [Section 20 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 21 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 22 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . .
PART 3 - Colleges[Part 3 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
Division 1 - Establishment of colleges[Division 1 of Part 3 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
[Section 12 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011][Section 23 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 24 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 25 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . .(1) The Minister may establish colleges for the purposes of the Academy.(2) A college is part of the Academy.(3) The Minister, in any circumstances the Minister considers appropriate, may –(a) amalgamate colleges; and(b) close any college, either temporarily or permanently; and(c) change the name of a college.
Division 2 - Principals for colleges[Division 2 of Part 3 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
[Section 13 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011] A college is to have a principal appointed subject to and in accordance with the State Service Act 2000 .
14. Functions and powers of principals
[Section 14 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011][Section 26 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 27 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 28 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . .(1) A principal has the following functions:(a) to carry out the day-to-day management of the college, and its students and staff, in accordance with the directions of the executive officer;(b) to prepare the plans, budgets and reports for the college as required by the executive officer;(c) to ensure that the curriculum, teaching practice, assessment and reporting procedures at the college are consistent with any instructions issued by the Executive Officer;(d) other functions imposed by this Act.(2) The principal is to provide educational leadership in the college.(3) The principal may do anything necessary or convenient to perform his or her functions.(4) The principal may not do anything under subsection (3) if it would be inconsistent with this or any other Act.
Division 3 - Management of facilities and equipment of colleges[Division 3 of Part 3 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
15. Hiring out college facilities and equipment, &c.
[Section 15 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) With the written authorisation of the executive officer, a principal may hire out, or authorise the use of, any facilities, materials or equipment of the college –(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 a college –(a) at any fee determined by the Secretary; and(b) on any conditions determined by the Secretary.(3) Any fees received by a principal, a college, the executive officer or the Academy under this section are to be paid into an account with an authorised deposit-taking institution and used for the purposes of the Academy as approved by the Secretary.
[Section 16 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011][Section 29 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . . [Section 30 Repealed by No. 22 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.
Division 4 - College associations[Division 4 of Part 3 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011]
[Section 17 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) A college may have a college association.(2) A principal is to submit to the Secretary a draft constitution of a proposed college association.(3) If satisfied that a draft constitution is appropriate, the Secretary is to establish the college association and approve the draft constitution as the constitution of that college association.(4) Any change to the constitution of a college association is to have the prior approval of the Secretary.(5) The Minister, if satisfied that it is necessary to do so, may abolish a college association.
18. Function of college association
[Section 18 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011](1) A college association has the following functions:(a) to provide advice and recommendations to the principal in relation to local issues affecting students at the college;(b) the functions specified in its constitution;(c) any other function the Minister or Secretary determines.(2) A college association is to perform its functions in accordance with any instructions issued by the Secretary.(3) Instructions issued under subsection (2) must not be inconsistent with this Act or the constitution of the college association.
19. Powers of college association
[Section 19 Substituted by No. 22 of 2010, s. 7, Applied:01 Jan 2011][Section 31 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . .(1) A college association has the following powers:(a) the powers specified in its constitution;(b) the power to carry out trading activities not relating to education that are authorised by the Secretary and used for the benefit of the college;(c) the power to provide, or assist in the provision of, financial or other resources or services that are authorised by the Secretary and used for the benefit of the college.(2) A college association is to exercise its powers in accordance with any instructions issued by the Secretary.(3) Instructions issued under subsection (2) must not be inconsistent with this Act or the constitution of the college association.
PART 4 - . . . . . . . .[Part 4 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] [Section 32 Repealed by No. 22 of 2010, s. 7, Applied:01 Jan 2011] . . . . . . . .
PART 5 - Miscellaneous
(1) [Section 33 Subsection (1) amended by No. 22 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. 22 of 2010, s. 8, Applied:01 Jan 2011] fees and charges in respect of the provision by the Academy of post-Year 10 education; and(b) [Section 33 Subsection (1) amended by No. 22 of 2010, s. 8, Applied:01 Jan 2011] levies in respect of incidental costs and expenses incurred by the Academy in providing post-Year 10 education; and(c) [Section 33 Subsection (1) amended by No. 22 of 2010, s. 8, Applied:01 Jan 2011] fees and charges in respect of other goods and services provided by the Academy.(2) [Section 33 Subsection (2) amended by No. 22 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 Academy of post-Year 10 education 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 Academy 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. 22 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. 22 of 2010, s. 8, Applied:01 Jan 2011] Any fees received by the Academy 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 Academy as approved by the Secretary.
[Section 34 Substituted by No. 22 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 Academy is achieving its objectives;(b) the relevance of the qualifications acquired by students to their eligibility to participate in the workforce, higher education and other further education and training.(2) In carrying out a review, the Secretary may –(a) determine standards against which the achievements of the Academy may be assessed; and(b) require persons employed for the purposes of this Act to provide reports in relation to the achievements of the Academy.(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.
[Section 35 Substituted by No. 22 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. 22 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 Act, other than this power of delegation.
(1) The Governor may make regulations for the purpose of this Act.(1A) [Section 37 Subsection (1A) inserted by No. 22 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) the Academy association;(b) college associations;(c) student organisations;(d) the conduct and discipline of persons –(i) on campuses; and(ii) in respect of facilities and equipment managed or used by the Academy; and(iii) in respect of the provision of post-Year 10 education.(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. 22 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, the executive officer or a principal.(5) [Section 37 Subsection (5) substituted by No. 22 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. 22 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 any other Act referred to in subsection (5) , commences or a later day.(7) [Section 37 Subsection (7) inserted by No. 22 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) [Section 37 Subsection (7) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] Training and Workforce Development Act 2013 .(c) [Section 37 Subsection (7) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .
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 - Members and Meetings of Academy Association[Schedule 1 Substituted by No. 22 of 2010, s. 11, Applied:01 Jan 2011]
1. InterpretationIn this Schedule –constitution means the constitution of the Academy association;member means a member of the Academy association appointed under section 9(3) .
2. Term of officeA member is appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment and, if eligible, may be reappointed.
3. Holding other officeThe holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from holding that office and also the office of a member.
4. State Service Act 2000(1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.(2) A person may hold the office of a member in conjunction with State Service employment.
5. Allowances and conditions of appointment(1) A member is entitled to be paid such allowances as the Minister determines.(2) A member who is a State Service employee or State Service officer is not entitled to allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .(3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment or the constitution.
6. Removal of member from office(1) The Minister may remove a member from office –(a) if the member –(i) is absent from 3 consecutive meetings of the Academy association without the permission of the other members of the Academy association; or(ii) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer or a fine of 300 penalty units or more; or(iii) under this Act, ceases to be eligible to hold the office; or(b) for any other reason or in any other circumstances specified in the constitution.(2) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.(3) A member of the Academy association must not be removed from office otherwise than in accordance with this clause.
7. Convening of, and procedure at, meetings(1) Meetings of the Academy association are to be convened and conducted in accordance with the constitution.(2) Subject to this Act and the constitution, the Academy association may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
8. MinutesThe Academy association is to keep accurate minutes of its meetings.
SCHEDULE 2[Schedule 2 Repealed by No. 22 of 2010, s. 11, Applied:01 Jan 2011]
SCHEDULE 3[Schedule 3 Repealed by No. 22 of 2010, s. 11, Applied:01 Jan 2011]