Employment, Vocational Education and Training Act 1988 (Qld)

418 (Ouejeuetaub ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. of 1988 An Act to promote employment , vocational education and training in Queensland [ASSENTED TO 3RD MAY, 1988]

Employment, Vocational Education and Training Act, 1988, 419 No. 39 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short Title . This Act may be cited as the Employment, Vocational Education and Training Act 1988. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) the provisions of this Act shall commence on a date to be appointed by Proclamation. 3. Arrangement . This Act is arranged in Parts and Divisions as follows- PART I-PRELIMINARY (ss. 1-4); PART II-ADMINISTRATION MATTERS (ss. 5-12); Division 1-Constitution of corporation sole; Division 2-Powers and functions of Minister; Division 3-Miscellaneous provisions. 4. Interpretation . (1) In this Act, except where the contrary intention appears- "corporation sole" means the corporation sole constituted by section 5; "Minister" includes any person who for the time being is performing the duties of the Minister. (2) An expression that is not defined in this Act but is defined in the Education Act 1964-1987, when used in this Act, has the meaning assigned it by that Act. An expression that is not defined in this Act or in the EducationAct 1964-1987 but is defined in the Industry and Commerce TrainingAct 1979-1987, when used in this Act, has the meaning assigned it by the last mentioned Act. PART II-ADMINISTRATION MATTERS Division 1-Constitution of corporation sole 5. Minister to be corporation sole. (1) There is hereby established a corporation sole under the name and style "The Employment, Vocational Education and Training Corporation". The corporation sole is constituted by the Minister and has perpetual succession and an official seal and is capable in law of suing and being sued, and, for the purposes of this Act, of acquiring, holding, leasing, letting, exchanging and disposing of property, real and personal and of doing and suffering

420 Employment, Vocational Education and Training Act, 1988, No. 39 all such other acts and things as bodies corporate may in law do and suffer. (2) All courts, judges and persons acting judicially shall take judicial notice of the official seal of the corporation sole affixed to any document or writing and, until the contrary is proved, shall presume that such seal was duly affixed to such document or writing. Division 2-Powers and functions of Minister 6. Functions of Minister . The functions of the Minister under this Act are- (a) to promote the creation of employment opportunities within the State; (b) to work in co-operation with other Government bodies and industry, commerce and community groups and persons on matters relating to employment, vocational education and training; (c) to develop and provide and to promote the development and provision by others of vocational education and training programs with a view to meeting the State's need for a highly skilled and adaptable workforce; (d) to provide and to promote the provision by others of programs appropriate to personal skills enrichment and recreation and leisure activities; (e) to provide encouragement and opportunities for people to enter upon and to continue learning throughout their lives; (f) to undertake research and development related to all or any of those functions. 7. Power of Minister to be a member of corporations etc. (1) The Minister or a person authorized by him for that purpose is authorized- (a) to become and be a member of any corporation, whether incorporated within or outside the State, or any committee, council, group or body whether incorporated or not, that- (i) has among its objects employment, vocational education, training or research or any matter associated therewith; or (ii) in the opinion of the Minister, is engaged in the furtherance of employment, vocational education or training; (b) to enter into an agreement or agreements with any such corporation, committee, council, group or body in respect of any of those objects. (2) Nothing in subsection (1) (a) shall be construed as conferring authority on the Minister to assume membership of any body other than in response to prior invitation from or agreement with the governing body of the body.

Employment, Vocational Education and Training Act, 1988, 421 No. 39 (3) Where pursuant to subsection (1) (a) the Minister is a member of any corporation, committee, council, group or body, the Minister may be a member of the directorate or other governing body of that corporation, committee, council, group or body. (4) The Minister may incur expenditure for contributions or other liability that membership of a corporation, committee, council, group or body, pursuant to subsection (1) entails. 8. Production and sale of vocational education and training materials. (1) The Minister is authorized to produce and sell vocational education and training materials and services and to enter into an agreement with any person for those purposes. (2) Nothing in subsection (1) shall be construed as conferring authority on the Minister to prescribe the use of any material or service produced pursuant to this section other than in a State college of technical and further education or State senior college. 9. Fees to be disposed of for the purposes of this Act as the Minister shall direct . All fees and other moneys received under the authority of this Act shall be disposed of for the purposes of this Act in such manner as the Minister shall direct. 10. Appointment of advisory committees . The Minister may from time to time establish such committees as he thinks fit to advise him on any aspect of employment, vocational education or training. 11. Annual report. The Minister shall cause to be prepared as soon as is practicable after 30 June in each year a report on the administration of this Act during the preceding period of 12 months and shall lay the report before the Legislative Assembly within 14 sitting days after the report is furnished to him. Division 3-Miscellaneous provisions 12. Regulations . (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, providing for- (a) the fees allowances and expenses to be paid to members of advisory committees for attendance at meetings of their committees; (b) all or any other purposes whether general or to meet particular cases that may be necessary or convenient to carry out the objects and purposes of this Act.