Commonwealth Tertiary Education Commission Amendment Act 1986 (Cth)

Commonwealth Tertiary Education Commission Amendment Act 1986

No. 3 of 1986

An Act to amend the Commonwealth Tertiary Education Commission Act 1977, and for related purposes

[Assented to 4 March 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Commonwealth Tertiary Education Commission Amendment Act 1986.

(2) The Commonwealth Tertiary Education Commission Act 19771is in this Act referred to as the Principal Act.

Commencement

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

Interpretation

3. Section 4 of the Principal Act is amended—

(a) by omitting “a Council” from the definition of “acting member” in sub-section (1) and substituting “an Advisory Council”;

 

(b) by omitting from sub-section (1) the definition of “Chairman” and substituting the following definitions:

“ ‘Advisory Council’ means the Universities Advisory Council, the Advanced Education Advisory Council or the Technical and Further Education Advisory Council established by this Act;

‘Chairperson’ means the Chairperson of the Commission;”;

(c) by omitting from sub-section (1) the definition of “Council”;

(d) by inserting after the definition of “full-time Commissioner” in sub-section (1) the following definition:

“‘institute of tertiary education’ means an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5a, is an institute of tertiary education for the purposes of this Act;”;

(e) by omitting “a Council” from the definition of “member” in sub-section (1) and substituting “an Advisory Council”;

(f) by inserting “, an institute of tertiary education” after “advanced education” in paragraph (a) of the definition of “technical and further education institution” in sub-section (1);

(g) by inserting “, an institute of tertiary education” after “education institution” in the definition of “tertiary institution” in sub-section (1); and

(h) by adding at the end of sub-section (1) the following definition:

“ ‘university education’ includes education that is provided at a tertiary institution other than a university and leads to the awarding of a degree, diploma, certificate or other award by a university.”.

4. After section 5 of the Principal Act the following section is inserted in Part I:

Declarations in relation to institutes of tertiary education

“5a. The Minister may declare, in writing, that—

(a) a proposed institution in Australia (other than a university, a college of advanced education, a technical and further education institution or a school) specified in the declaration, being an institution at which it is proposed that tertiary education will be provided;

(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia tertiary education; or

(c) an institution in Australia (other than a university, a college of advanced education, a technical and further education institution

 

or a school) specified in the declaration, being an institution that provides tertiary education,

is, for the purposes of this Act, an institute of tertiary education.”.

Functions of Commission

5. Section 7 of the Principal Act is amended—

(a) by omitting from sub-paragraph (1) (a) (i) “and technical and further education institutions” and substituting “, technical and further education institutions and institutes of tertiary education”;

(b) by omitting from sub-paragraph (1) (a) (ii) “and technical and further education institutions” and substituting “, technical and further education institutions and institutes of tertiary education”; and

(c) by inserting in paragraph (3) (a) “or 5a” after “section 5”.

Performance of functions of Commission

6. Section 8 of the Principal Act is amended —

(a) by omitting from sub-section (1) “or a technical and further education institution or technical and further education institutions” and substituting “, a technical and further education institution or technical and further education institutions in a State or the Northern Territory or an institute of tertiary education or institutes of tertiary education”;

(b) by omitting from sub-section (1) “or technical and further education institutions” (second occurring) and substituting “, technical and further education institutions or institutes of tertiary education”;

(c) by omitting from paragraph (2) (a) “and” (last occurring); and

(d) by adding at the end of sub-section (2) the following word and paragraph:

“; and (c) closer co-operation and association between the various kinds of tertiary institution.”.

Reports by Commission

7. Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (4) “a Council” and substituting “an Advisory Council”; and

(b) by omitting from sub-section (4) “37” and substituting “21a, 24a or 27a, as the case requires,”.

Membership of Commission

8. (1) Section 10 of the Principal Act is amended—

(a) by omitting from paragraph (1) (a) “Chairman” and substituting “Chairperson”;

 

(b) by omitting from paragraph (1) (d) “and” (last occurring);

(c) by omitting paragraph (1) (e) and substituting the following paragraphs:

“(e) a Commissioner appointed for knowledge and expertise in relation to universities;

(f) a Commissioner appointed for knowledge and expertise in relation to advanced education;

(g) a Commissioner appointed for knowledge and expertise in relation to technical and further education; and

(h) 3 other Commissioners.”; and

(d) by inserting after sub-section (1) the following sub-section:

“(1a) The Chairperson may be referred to as the Chairman or the Chairwoman, as the case requires.”.

(2) A person who, immediately before the commencement of this Act, held an office of Commissioner referred to in paragraph 10 (1) (e) of the Principal Act continues, after the commencement of this Act, to hold office as a Commissioner referred to in paragraph 10 (1) (h) of the Principal Act as amended by this Act as if the person had been appointed to that office under the Principal Act as so amended and holds that office, subject to the Commonwealth Tertiary Education Commission Act 1977, for the remainder of the period of the person’s appointment under the Principal Act.

Meetings of Commission

9. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (3) “5” and substituting “6”;

(b) by omitting from sub-section (3) “2” and substituting “3”; and

(c) by omitting sub-section (8).

Heading to Part III

10. The heading to Part III of the Principal Act is amended by inserting “ADVISORY” before “COUNCILS”.

Heading to Division 1 of Part III

11. The heading to Division 1 of Part III of the Principal Act is amended by inserting “Advisory” after “Universities”.

Universities Advisory Council

12. Section 19 of the Principal Act is amended by inserting “Advisory” after “Universities”.

 

Functions of Universities Advisory Council

13. Section 20 of the Principal Act is amended—

(a) by inserting “Advisory” after “Universities”;

(b) by omitting from paragraph (a) “37” and substituting “21a”;

(c) by omitting from paragraph (a) “the Minister and”;

(d) by adding at the end of paragraph (a) “or relating to university education”; and

(e) by omitting from paragraph (b) all the words after “relating to” (first occurring) and substituting “universities or relating to university education; and”.

Membership of Universities Advisory Council

14. (1) Section 21 of the Principal Act is amended—

(a) by inserting in sub-section (1) “Advisory” after “Universities”;

(b) by omitting from paragraph (1) (a) “Chairman” and substituting “Chairperson”;

(c) by omitting from paragraph (1) (a) “and”;

(d) by omitting paragraph (1) (b) and substituting the following paragraphs:

“(b) the Commissioner referred to in paragraph 10 (1) (e); and

(c) 5 other members.”;

(e) by omitting from sub-section (2) “(b)” and substituting “(c)”; and

(f) by omitting sub-section (3) and substituting the following sub-section:

“(3) The Chairperson of the Universities Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.”.

(2) A person who, immediately before the commencement of this Act, held an office of member of the Universities Council referred to in paragraph 21 (1) (b) of the Principal Act continues, after the commencement of this Act, to hold office as a member of the Universities Advisory Council referred to in paragraph 21 (1) (c) of the Principal Act as amended by this Act as if the person had been appointed to that office under the Principal Act as so amended and holds that office, subject to the Commonwealth Tertiary Education Commission Act 1977,for the remainder of the period of the person’s appointment under the Principal Act.

15. After section 21 of the Principal Act the following section is inserted in Division 1 of Part III:

Advice by Universities Advisory Council

“21a. (1) The Universities Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to universities, or relating to university education, as the Commission requires or as the Council determines.

 

“(2) The Universities Advisory Council shall—

(a) before 31 January 1987;

(b) before the expiration of the period of 3 years commencing on 1 February 1987; and

(c) before the expiration of each succeeding period of 3 years,

furnish to the Commission a report on—

(d) the state of universities, and the state of university education, in Australia;

(e) the problems in relation to universities, and in relation to university education, in Australia; and

(f) the priorities for future developments in relation to universities, and in relation to university education, in Australia.

“(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.”.

Heading to Division 2 of Part III

16. The heading to Division 2 of Part III of the Principal Act is amended by inserting “Advisory” after “Education”.

Advanced Education Advisory Council

17. Section 22 of the Principal Act is amended by inserting “Advisory” after “Education”.

Functions of Advanced Education Advisory Council

18. Section 23 of the Principal Act is amended—

(a) by inserting “Advisory” after “Education”;

(b) by omitting from paragraph (a) “37” and substituting “24a”;

(c) by omitting from paragraph (a) “the Minister and”;

(d) by adding at the end of paragraph (a) “or relating to advanced education”; and

(e) by omitting from paragraph (b) all the words after “advanced” (first occurring) and substituting “education or relating to advanced education; and”.

Membership of Advanced Education Advisory Council

19. (1) Section 24 of the Principal Act is amended—

(a) by inserting in sub-section (1) “Advisory” after “Education” (first occurring);

(b) by omitting from paragraph (1) (a) “Chairman” and substituting “Chairperson”;

(c) by omitting from paragraph (1) (a) “and”;

 

(d) by omitting paragraph (1) (b) and substituting the following paragraphs:

“(b) the Commissioner referred to in paragraph 10 (1) (f); and

(c) 5 other members.”;

(e) by omitting from sub-section (2) “(b)” and substituting “(c)”; and

(f) by omitting sub-section (3) and substituting the following sub-section:

“(3) The Chairperson of the Advanced Education Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.”.

(2) A person who, immediately before the commencement of this Act, held an office of member of the Advanced Education Council referred to in paragraph 24 (1) (b) of the Principal Act continues, after the commencement of this Act, to hold office as a member of the Advanced Education Advisory Council referred to in paragraph 24 (1) (c) of the Principal Act as amended by this Act as if the person had been appointed to that office under the Principal Act as so amended and holds that office, subject to the Commonwealth Tertiary Education Commission Act 1977, for the remainder of the period of the person’s appointment under the Principal Act.

20. After section 24 of the Principal Act the following section is inserted in Division 2 of Part III:

Advice by Advanced Education Advisory Council

“24A. (1) The Advanced Education Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to colleges of advanced education, or relating to advanced education, as the Commission requires or as the Council determines.

“(2) The Advanced Education Advisory Council shall—

(a) before 31 January 1987;

(b) before the expiration of the period of 3 years commencing on 1 February 1987; and

(c) before the expiration of each succeeding period of 3 years,

furnish to the Commission a report on—

(d) the state of colleges of advanced education, and the state of advanced education, in Australia;

(e) the problems in relation to colleges of advanced education, and in relation to advanced education, in Australia; and

(f) the priorities for future developments in relation to colleges of advanced education, and in relation to advanced education, in Australia.

“(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.”.

 

Heading to Division 3 of Part III

21. The heading to Division 3 of Part III of the Principal Act is amended by inserting “Advisory” after “Education”.

Technical and Further Education Advisory Council

22. Section 25 of the Principal Act is amended by inserting “Advisory” after “Education”.

Functions of Technical and Further Education Advisory Council

23. Section 26 of the Principal Act is amended—

(a) by inserting “Advisory” after “Education”;

(b) by omitting from paragraph (a) “37” and substituting “27a”;

(c) by omitting from paragraph (a) “the Minister and”;

(d) by adding at the end of paragraph (a) “or relating to technical and further education”; and

(e) by omitting from paragraph (b) all the words after “education” (first occurring) and substituting “institutions or relating to technical and further education; and”.

Membership of Technical and Further Education Advisory Council

24. (1) Section 27 of the Principal Act is amended—

(a) by inserting in sub-section (1) “Advisory” after “Education” (first occurring);

(b) by omitting from paragraph (1) (a) “Chairman” and substituting “Chairperson”;

(c) by omitting from paragraph (1) (a) “and”;

(d) by omitting paragraph (1) (b) and substituting the following paragraphs:

“(b) the Commissioner referred to in paragraph 10 (1) (g); and

(c) 6 other members.”;

(e) by omitting from sub-section (2) “(b)” and substituting “(c)”; and

(f) by omitting sub-section (3) and substituting the following subsection:

“(3) The Chairperson of the Technical and Further Education Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.”.

(2) A person who, immediately before the commencement of this Act, held an office of member of the Technical and Further Education Council referred to in paragraph 27 (1) (b) of the Principal Act continues, after the commencement of this Act, to hold office as a member of the Technical and Further Education Advisory Council referred to in paragraph 27 (1) (c) of the Principal Act as amended by this Act as if the person had been appointed to that office under the Principal Act as so amended and holds

 

that office, subject to the Commonwealth Tertiary Education Commission Act 1977, for the remainder of the period of the person’s appointment under the Principal Act.

25. After section 27 of the Principal Act the following section is inserted in Division 3 of Part III:

Advice by Technical and Further Education Advisory Council

“27a. (1) The Technical and Further Education Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to technical and further education institutions, or relating to technical and further education, as the Commission requires or as the Council determines.

“(2) The Technical and Further Education Advisory Council shall—

(a) before 31 January 1987;

(b) before the expiration of the period of 3 years commencing on 1 February 1987; and

(c) before the expiration of each succeeding period of 3 years,

furnish to the Commission a report on—

(d) the state of technical and further education institutions, and the state of technical and further education, in Australia;

(e) the problems in relation to technical and further education institutions, and in relation to technical and further education, in Australia; and

(f) the priorities for future developments in relation to technical and further education institutions, and in relation to technical and further education, in Australia.

“(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.”.

Heading to Division 4 of Part III

26. The heading to Division 4 of Part III of the Principal Act is amended by inserting “Advisory” before “Council”.

Period of appointment to Advisory Council

27. Section 28 of the Principal Act is amended by omitting “a Council” and substituting “an Advisory Council”.

Remuneration and allowances of members of Advisory Councils

28. Section 29 of the Principal Act is amended—

(a) by omitting from sub-section (1) “a Council” and substituting “an Advisory Council”; and

(b) by omitting from sub-section (2) “a Council” and substituting “an Advisory Council”.

 

Resignation of member of Advisory Council

29. Section 30 of the Principal Act is amended by omitting “a Council” and substituting “an Advisory Council”.

Termination of appointment of member of Advisory Council

30. Section 31 of the Principal Act is amended—

(a) by inserting in sub-section (2) “of an Advisory Council” after “member” (first occurring); and

(b) by omitting from paragraph (2) (a) “of which he is a member”.

Vacancies not to affect Advisory Councils

31. Section 32 of the Principal Act is amended by omitting “a Council” and substituting “an Advisory Council”.

32. Section 33 of the Principal Act is repealed and the following section is substituted:

Commissioners on Advisory Councils

“33. If the Chairperson of an Advisory Council is acting as Chairperson of the Commission but no person has been appointed to act as a Commissioner in his or her place, his or her so acting shall not affect his or her being the Chairperson of that Council.”.

Members acting as Commissioners

33. Section 34 of the Principal Act is amended by omitting “a Council” and substituting “an Advisory Council”.

Acting members of Advisory Councils

34. Section 35 of the Principal Act is amended—

(a) by omitting from sub-section (1) “or a member of a Council”;

(b) by omitting from sub-section (1) “a Council” (second occurring) and substituting “an Advisory Council”; and

(c) by omitting from sub-section (3) “a Council” and substituting “an Advisory Council”.

35. Sections 36 and 37 of the Principal Act are repealed and the following section is substituted:

Meetings of Advisory Councils

“36. (1) An Advisory Council shall hold such meetings as are necessary for the performance of its functions.

“(2) The Chairperson of an Advisory Council or the Chairperson of the Commission may, at any time, convene a meeting of that Council.

“(3) At a meeting of an Advisory Council, 4 members constitute a quorum.

 

“(4) The Chairperson of an Advisory Council shall preside at all meetings of the Council at which the Chairperson is present.

“(5) If the Chairperson of an Advisory Council is not present at a meeting of the Council, the members present shall elect one of their number to preside at the meeting.

“(6) Questions arising at a meeting shall be determined by a majority of the votes of the members present and voting.

“(7) The person presiding at a meeting has a deliberative vote, and in the event of an equality of votes, also has a casting vote.

“(8) The Chairperson of the Commission may attend a meeting of an Advisory Council and participate in discussions at that meeting.”.

Staff of Commission

36. Section 38 of the Principal Act is amended—

(a) by omitting from sub-section (1) “and the Councils”; and

(b) by omitting sub-section (4).

Committees

37. Section 39 of the Principal Act is amended—

(a) by omitting from sub-section (1) “a Council” and substituting “an Advisory Council”;

(b) by omitting from sub-section (2) “a Council” and substituting “an Advisory Council”; and

(c) by omitting from sub-section (4) “a Council” and substituting “an Advisory Council”.

Transitional delegations

38. Section 42 of the Principal Act is amended—

(a) by omitting from sub-section (1) “a Council” and substituting “an Advisory Council”; and

(b) by omitting from sub-section (2) “a Council” and substituting “an Advisory Council”.

Schedule 2

39. Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 1 to this Act is substituted.

Consequential and formal amendments

40. The Principal Act is amended as set out in Schedule 2 to this Act.

—————

 

SCHEDULE 1

Section 39

NEW SCHEDULE 2 TO PRINCIPAL ACT

SCHEDULE 2

Sub-section 4 (1)

(definition of “college of

advanced education”)

COLLEGES OF ADVANCED EDUCATION

NEW SOUTH WALES

Armidale College of Advanced Education

Catholic College of Education Sydney Ltd

Cumberland College of Health Sciences

Hawkesbury Agricultural College

Kuring-gai College of Advanced Education

Macarthur Institute of Higher Education

Mitchell College of Advanced Education

Nepean College of Advanced Education

Newcastle College of Advanced Education

New South Wales State Conservatorium of Music

Northern Rivers College of Advanced Education

Orange Agricultural College

Riverina-Murray Institute of Higher Education

Sydney College of Advanced Education

Sydney College of the Arts

The New South Wales Institute of Technology

VICTORIA

Ballarat College of Advanced Education

Bendigo College of Advanced Education

Chisholm Institute of Technology

Footscray Institute of Technology

Gippsland Institute of Advanced Education

Hawthorn Institute of Education

Institute of Catholic Education

Lincoln Institute of Health Sciences

Melbourne College of Advanced Education

Phillip Institute of Technology

Royal Melbourne Institute of Technology Ltd

Swinburne Limited

The Victorian College of the Arts

Victoria College

Victorian College of Pharmacy Ltd

Warrnambool Institute of Advanced Education

QUEENSLAND

Brisbane College of Advanced Education

Capricornia Institute of Advanced Education

Darling Downs Institute of Advanced Education

Gold Coast College of Advanced Education

Queensland Agricultural College

Queensland Conservatorium of Music

Queensland Institute of Technology

WESTERN AUSTRALIA

Western Australian College of Advanced Education

Western Australian Institute of Technology

 

SCHEDULE 1— continued

SOUTH AUSTRALIA

Roseworthy Agricultural College

South Australian College of Advanced Education

South Australian Institute of Technology

TASMANIA

Tasmanian State Institute of Technology

TERRITORIES

Canberra College of Advanced Education

——————

SCHEDULE 2

Section 40

CONSEQUENTIAL AND FORMAL AMENDMENTS OF PRINCIPAL ACT

Sub-section 4 (1) (definition of “Commissioner”)—

Omit “Chairman”, substitute “Chairperson”.

Sub-section 4 (1) (definition of “member”)—

Omit “Chairman”, substitute “Chairperson”.

Sub-section 4 (1) (sub-paragraph (a) (ii) of the definition of “technical and further education institution”)—

Insert “, in writing,” after “Minister”.

Section 5—

Insert “, in writing,” after “declare”.

Paragraph 7 (3) (a)—

Omit “his”, substitute “the Minister’s”.

Sub-section 10 (5)—

Insert “, in writing,” after “determined”.

Sub-section 11 (1)—

Omit “his”.

Sub-section 11 (2)—

Omit “his”.

Sub-section 11 (3)—

Omit “he”, substitute “the person”.

Sub-section 12 (1)—

Omit “he”, substitute “the Commissioner”.

Section 14—

(a) Omit “his”.

(b) Omit “him”, substitute “the Commissioner”.

Sub-paragraph 15 (2) (a) (i)—

Omit “his”, substitute “the Commissioner’s”.

 

SCHEDULE 2— continued

Paragraph 15 (2) (c)—

Omit “his” (wherever occurring), substitute “the Commissioner’s”.

Sub-section 16 (1)—

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Paragraph 16 (1) (b)—

Omit “his office”, substitute “the office of the Chairperson”.

Paragraph 16 (2) (b)—

(a) Omit “Chairman”, substitute “Chairperson”.

(b) Omit “his office”, substitute “the office of that Commissioner”.

Paragraph 16 (3) (b)—

(a) Omit “Chairman”, substitute “Chairperson”.

(b) Omit “his office”, substitute “the office of that part-time Commissioner”.

Sub-section 16 (5)—

(a) Omit “Chairman” (wherever occurring), substitute “Chairperson”.

(b) Omit “he” (wherever occurring), substitute “that person”.

(c) Omit “the person”, substitute “that person”.

Paragraph 16 (6) (a)—

Insert “, in writing,” after “determine”.

Sub-section 16 (7)—

(a) Omit “he”, substitute “the person”.

(b) Omit “his”, substitute “the”.

(c) Omit “him”, substitute “the person”.

Sub-section 16 (8)—

(a) Omit “Chairman” (wherever occurring), substitute “Chairperson”.

(b) Omit “he”, substitute “the person”.

Sub-section 16 (9)—

(a) Omit “his” (first occurring), substitute “the person’s”.

(b) Omit “his” (last occurring), substitute “the”.

(c) Omit “him”, substitute “the person”.

Sub-section 18 (2)—

Omit “Chairman”, substitute “Chairperson”.

Sub-section 18 (4)—

(a) Omit “Chairman”, substitute “Chairperson”.

(b) Omit “he”, substitute “the Chairperson”.

Sub-section 18 (5)—

Omit “Chairman”, substitute “Chairperson”.

Section 28—

Omit “his”.

 

SCHEDULE 2— continued

Sub-section 29 (1)—

Omit “he”, substitute “the member”.

Section 30—

(a) Omit “his”.

(b) Omit “him”, substitute “the member”.

Paragraph 31 (2) (b)—

Omit “his” (wherever occurring), substitute “the member’s”.

Section 34—

(a) Omit “he” (wherever occurring), substitute “the member or acting member”.

(b) Insert “or her” after “his”.

Paragraph 35 (1) (b)—

Omit “his office”, substitute “the office of that member”.

Paragraph 35 (2) (a)—

Insert “, in writing,” after “determine”.

Sub-section 35 (4)—

(a) Omit “he”, substitute “the person”.

(b) Omit “his”, substitute “the”.

(c) Omit “him”, substitute “the person”.

Sub-section 35 (5)—

(a) Omit “his” (first occurring), substitute “the person’s”.

(b) Omit “his” (last occurring), substitute “the”.

(c) Omit “him”, substitute “the person”.

Sub-section 38 (2)—

Omit “Chairman”, substitute “Chairperson”.

Sub-section 38 (3)—

Omit “Chairman”, substitute “Chairperson”.

Sub-section 42 (1)—

Omit “him”, substitute “the Minister”.

Sub-section 42 (6)—

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Sub-section 43a (2)—

(a) Omit “to him”.

(b) Omit “he”, substitute “the Minister”.

 

NOTE

1. No. 25, 1977, as amended. For previous amendments, see No. 61, 1981; No. 39, 1983; Nos. 63 and 72, 1984; and No. 65, 1985.

[Minister’s second reading speech made in—

House of Representatives on 13 November 1985

Senate on 29 November 1985