TAFE Tasmania Amendment By-laws 2005 (TAS)

TAFE Tasmania Amendment By-laws 2005

The Board of directors of TAFE Tasmania makes the following by-laws under section 42(1) of the TAFE Tasmania Act 1997 .

1Short titleThese by-laws may be cited as the TAFE Tasmania Amendment By-laws 2005 . 2CommencementThese by-laws take effect on the day on which their making is notified in the Gazette. 3Principal By-lawsIn these by-laws, the TAFE Tasmania By-laws 1998 are referred to as the Principal By-laws. 4Clause 3 amended (Interpretation) Clause 3 of the Principal By-laws is amended as follows: (a) by inserting "or clause 22A(2) " after " clause 22(1) " in the definition of disciplinary sanction ; (b) by omitting the definitions of TAFE property and possession and substituting the following definitions: possession includes custody or control; TAFE property includes – (a) any real property under the control of TAFE Tasmania; and (b) any facility owned or managed by TAFE Tasmania; and (c) any plant or equipment under the control of, or owned, managed, used or maintained by, TAFE Tasmania; and (d) any information, communication, network, system, database or technology used or maintained by TAFE Tasmania. 5Clause 9 amended (Notice relating to vehicles) Clause 9(1) of the Principal By-laws is amended by omitting "driving or parking of vehicles on" and substituting "driving, parking or removal of vehicles on or from". 6Clause 10 amended (Directions relating to vehicles) Clause 10(1) of the Principal By-laws is amended by omitting "driving or parking of vehicles on" and substituting "driving, parking or removal of vehicles on or from". 7Clause 12 amended (General) Clause 12(1) of the Principal By-laws is amended as follows: (a) by inserting in paragraph (b) "or illicit drug" after "liquor"; (b) by inserting in paragraph (c) "or advertise" after "conduct"; (c) by inserting in paragraph (d) "other than a guide dog within the meaning of the Guide Dogs and Hearing Dogs Act 1967 " after "animal". 8Clause 20 amended (Person may be directed to leave TAFE property) Clause 20(1) of the Principal By-laws is amended as follows: (a) by omitting from paragraph (b)(ii) "property." and substituting "property; or"; (b) by inserting the following subparagraph after subparagraph (ii) in paragraph (b) : (iii) another person on or in TAFE property; or (c) by inserting the following paragraphs after paragraph (b) : (c) the chief executive officer or authorised person has reasonable grounds for believing that the person has used, or is going to use, TAFE property in a way that the chief executive officer or authorised person believes is inappropriate; or (d) the person fails to comply with an instruction by the chief executive officer, an authorised person or a TAFE teacher. 9Clause 22A insertedAfter clause 22 of the Principal By-laws , the following clause is inserted in Part 5: 22ADisciplinary sanctions due to criminal or civil action (1)  In this clause – criminal or civil action, in respect of a student, means a criminal or civil action that the chief executive officer has reason to believe directly or indirectly involves – (a) TAFE Tasmania; or (b) TAFE property; or (c) a member of the staff of TAFE Tasmania; or (d) another student at TAFE Tasmania; or (e) a person employed or engaged by TAFE Tasmania or for the purposes of TAFE Tasmania; or (f) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) , (d) or (e) ; or (g) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) , (e) or (f) . (2)  The chief executive officer may impose one or more of the following disciplinary sanctions in respect of a student if the chief executive officer is aware of an incident that has resulted in, or may result in, a criminal or civil action being instituted against the student: (a) suspend some or all of the student’s privileges; (b) adjourn the issuing of an award to the student; (c) suspend the student; (d) refuse to re-enrol the student. (3)  A disciplinary sanction imposed under subclause (2) may only be imposed – (a) if a criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, until that criminal or civil action is resolved; or (b) if no criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, for no longer than 24 months following the day on which the incident was reported. (4)  The chief executive officer may remove a disciplinary sanction imposed under subclause (2) at any time if the chief executive officer considers that the criminal or civil action that has resulted or may result from the incident no longer involves or may involve, directly or indirectly – (a) TAFE Tasmania; or (b) TAFE property; or (c) a member of the staff of TAFE Tasmania; or (d) another student at TAFE Tasmania; or (e) a person employed or engaged by TAFE Tasmania or for the purposes of TAFE Tasmania; or (f) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) , (d) or (e) ; or (g) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) , (e) or (f) . (5)  The imposition of a disciplinary sanction under this clause in relation to an incident does not prevent any further disciplinary sanction from being imposed under clause 22 in respect of that incident. 10Clause 26 insertedAfter clause 25 of the Principal By-laws , the following clause is inserted in Part 6: 26Power to refuse enrolment The chief executive officer may refuse to re-enrol a student if the student has a debt due and owing to TAFE Tasmania.

These by-laws were made by the Board of directors of TAFE Tasmania at a meeting held on 8 December 2005.

The common seal of the Board of directors of TAFE Tasmania was affixed on 8 December 2005, in the presence of –

CHRIS WARD

Chairperson

JAMES CRETAN

Director

M. O’ROURKE

Director

MALCOLM G. WHITE

Director

PAUL BYRNE

Director

NEVILLE SMITH

Director

KATHERINE SCHAEFER

Director

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 December 2005

These by-laws are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the bylaw) These by-laws amend the

(a) allowing the chief executive officer to take disciplinary action against a student in certain circumstances; and (b) providing further circumstances in which a person may be directed to leave TAFE property; and (c) providing for the removal of vehicles from TAFE property; and (d) prohibiting certain conduct on TAFE property; and (e) expanding the definition of TAFE property; and (f) making minor consequential amendments.