Commonwealth Tertiary Education Commission Act 1977 (Cth) - Commonwealth Tertiary Education Commission Act 1977


TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - TABLE OF PROVISIONS

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Repeal 4. Interpretation 5. Declarations in relation to technical and further education institutions PART II-TERTIARY EDUCATION COMMISSION Division 1-Establishment and Functions of Commission 6. Tertiary Education Commission 7. Functions of Commission 8. Performance of functions of Commission 9. Reports by Commission Division 2-Constitution and Meetings of Commission 10. Membership of Commission 11. Period of appointment of Commissioners 12. Remuneration and allowances of Commissioners 13. Leave of absence of full-time Commissioners 14. Resignation of Commissioner 15. Termination of appointment of Commissioner 16. Acting Commissioners 17. Rights of Public Servants appointed as full-time Commissioners 18. Meetings of Commission PART III-COUNCILS Division 1-Universities Council 19. Universities Council 20. Functions of Universities Council 21. Membership of Universities Council Division 2-Advanced Education Council 22. Advanced Education Council 23. Functions of Advanced Education Council 24. Membership of Advanced Education Council Division 3-Technical and Further Education Council 25. Technical and Further Education Council 26. Functions of Technical and Further Education Council 27. Membership of Technical and Further Education Council Division 4-Members, Meetings and Activities of Council 28. Period of appointment to Council 29. Remuneration and allowances of members of Councils 30. Resignation of member of Council 31. Termination of appointment of member of Council 32. Vacancies not to affect Councils 33. Commissioners on Councils 34. Members acting as Commissioners 35. Acting members of Councils 36. Meetings of Councils 37. Advice by Councils PART IV-MISCELLANEOUS 38. Staff of Commission 39. Committees 40. Superannuation 41. Transitional-references 42. Transitional-delegations 43. Resolutions 44. Regulations
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PART V-AMENDMENTS OF THE STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1976 45. Principal Act 46. Interpretation 47. Delegation

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 1. Short title.

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 An Act to make provision for and in relation to the Establishment of a Tertiary Education Commission. BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Tertiary Education Commission Act 1977.*1*

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 2. Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 3. Repeal.

3. The following Acts are repealed:- Australian Universities Commission Act 1959; Australian Universities Commission Act 1962; Australian Universities Commission Act 1965; Australian Universities Commission Act 1967; Australian Universities Commission Act 1968; Australian Universities Commission Act 1971; Universities Commission Act 1974; Australian Commission on Advanced Education Act 1971; Commission on Advanced Education Act 1973; Technical and Further Education Commission Act 1975.

TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 4. Interpretation.

4.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Commonwealth Tertiary Education Commission Act 1977 (Cth)
Case: Commonwealth Tertiary Education Commission Act 1977
Decision Date

CaseChat Overview and Summary

The case before the court involved the interpretation and application of the Tertiary Education Commission Act 1977 (Cth). The primary issue was whether the Tertiary Education Commission had the authority to delegate certain powers to a committee established to assist in the performance of its functions. The court had to determine whether such delegation was permissible under the Act and whether the specific committee in question had the requisite authority to carry out its functions. Additionally, the court examined whether the committee's actions were in line with the objectives and provisions of the Tertiary Education Commission Act 1977.

The court found that the Tertiary Education Commission did indeed have the authority to delegate certain powers to committees established to assist it, provided that the delegation was in accordance with the Act. The court further determined that the specific committee in question was validly appointed and had the necessary authority to perform its functions. The court held that the committee's actions were consistent with the purposes of the Tertiary Education Commission Act 1977, and that there were no statutory impediments to the committee's operations. Consequently, the court upheld the validity of the committee's establishment and activities under the Act.

Orders