Technical and Further Education (TAFE SA) Variation Regulations 2012 (SA)
South Australia
Technical and Further Education (TAFE SA) Variation Regulations 2012
under the TAFE SA Act 2012
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Technical and Further Education Regulations 1999
4 Variation of regulation 1—Short title
5 Variation of regulation 4—Interpretation
6 Substitution of heading to Part 2 Division 1
Part 2—Prescribed employees
Division 1—Employment and classification
7 Variation of regulation 5—Application for employment
8 Variation of regulation 6—Employment and classification
9 Variation of regulation 7—Committee to make recommendation on certain applications
10 Variation of regulation 9—Re-employment after resignation to contest election
11 Variation of regulation 10—Acting appointments
12 Variation of regulation 11—Application for leave and non-attendance days
13 Variation of regulation 12—Recreation leave
14 Variation of regulation 13—Recreation leave loading allowance
15 Variation of regulation 14—Non‑attendance days
16 Variation of regulation 15—Sick leave
17 Variation of regulation 16—Special leave
18 Variation of regulation 17—Special leave for infectious diseases
19 Variation of regulation 18—Special leave for war service disabilities
20 Variation of regulation 19—Maternity leave
21 Variation of regulation 20—Determination of long service leave entitlements
22 Variation of regulation 21—Certain prescribed employees subject to Public Service conditions
23 Variation of regulation 22—Failure to resume duty after leave or non‑attendance days
24 Variation of regulation 23—Continuity of service
25 Variation of regulation 24—Remuneration for temporary duties not covered by award
26 Substitution of regulation 25
25 Commencing salary at higher increment
27 Variation of regulation 26—Increments not payable in certain circumstances
28 Variation of regulation 27—Reduction of salary for absence from duty
29 Variation of regulation 28—TAFE SA may recover remuneration wrongly paid to prescribed employee
30 Variation of regulation 29—Travelling expenses
31 Variation of regulation 30—Removal expenses
32 Variation of regulation 31—Right of review and appeal in respect of administrative acts or decisions
33 Variation of regulation 33—Selection of members to constitute Appeal Board
34 Variation of regulation 34—Suspension of further action where appeal is made
35 Variation of regulation 35—Suspension of proceedings on commencement of criminal proceedings
36 Variation of heading to Part 2 Division 5
37 Variation of regulation 36—Prescribed employees to serve where required
38 Substitution of regulation 37
37 Prescribed employees to comply with regulations, determinations
39 Variation of regulation 38—Outside employment
40 Variation of regulation 39—Impartiality of instruction
41 Variation of regulation 40—Political intervention to obtain unfair advantage
42 Variation of regulation 41—Prescribed employee not to incur liability on behalf of TAFE SA
43 Variation of regulation 42—Notice of resignation
44 Revocation of Part 3
45 Revocation of Part 4
46 Revocation regulation 62
47 Variation of regulation 63—Compulsory medical examination of prescribed employee
48 Revocation of regulation 64
49 Revocation of regulation 65
50 Substitution of regulation 66
66 Notice and notification
51 Revocation of regulation 67
52 Revocation of regulation 68
53 Revocation of regulation 69
Part 1—Preliminary
1—Short title
These regulations may be cited as the Technical and Further Education (TAFE SA) Variation Regulations 2012.
2—Commencement
These regulations will come into operation immediately after the TAFE SA Act 2012 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Technical and Further Education Regulations 1999
4—Variation of regulation 1—Short title
Regulation 1—delete "Technical and Further Education Regulations 1999" and substitute:
TAFE SA Regulations 2012
5—Variation of regulation 4—Interpretation
Regulation 4, definition of the Act—delete the definition and substitute:
Act means the TAFE SA Act 2012;
Regulation 4, definitions of administrative instructions, college premises, college property, college staff, college year, council fund, council fund account and director—delete the definitions and substitute:
Appeal Board means the Teachers Appeal Board established under the Education Act 1972;
the board means the board of directors of TAFE SA;
Regulation 4—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 4, definition of industrial award or agreement—delete "Industrial and Employee Relations Act 1994 or the Workplace Relations Act 1996 of the Commonwealth" and substitute:
Fair Work Act 1994
Regulation 4, definition of medical certificate—delete "where" and substitute:
if
Regulation 4, definition of medical certificate—delete "Chief Executive Officer" and substitute:
chief executive
Regulation 4, definition of part‑time—delete "the officer" and substitute:
the prescribed employee
Regulation 4—after the definition of part‑time insert:
prescribed employee means an employee of the chief executive of TAFE SA employed on an ongoing basis or term basis (that is, for a specified term or for the duration of a specified project, but not on a weekly, daily or hourly basis);
Regulation 4, definition of student—delete "a college" and substitute:
TAFE SA
Regulation 4—after the definition of student insert:
TAFE year means the period from 1 February to 31 January in the following year (both dates inclusive);
6—Substitution of heading to Part 2 Division 1
Heading to Part 2 Division 1—delete the heading and substitute:
Part 2—Prescribed employees
Division 1—Employment and classification
7—Variation of regulation 5—Application for employment
Regulation 5(1)—delete "Minister" wherever occurring and substitute in each case:
chief executive
Regulation 5(1)—delete "appointment as an officer" and substitute:
employment as a prescribed employee
Regulation 5(1)(b) and (c)—delete "appointed" and substitute:
employed
Regulation 5(2)—delete subregulation (2)
Regulation 5(3)—delete "The Minister" and substitute:
TAFE SA
8—Variation of regulation 6—Employment and classification
Regulation 6(1)—delete subregulation (1) and substitute:
(1)The chief executive may appoint a prescribed employee to a classification level determined by the chief executive.
Regulation 6(2)—delete "Minister" and substitute:
board
Regulation 6(2), (3) and (4)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 6(3) and (4)—delete "Minister" wherever occurring and substitute in each case:
chief executive
Regulation 6(4)—delete "officer's" and substitute:
employee's
Regulation 6(4)—delete "the officer" and substitute:
the employee
9—Variation of regulation 7—Committee to make recommendation on certain applications
Regulation 7(1)—delete subregulation (1) and substitute:
(1)An application for appointment at a classification level of Educational Manager must be considered by a committee established under this regulation.
Regulation 7(2)—delete "Minister" and substitute:
chief executive
Regulation 7(3)(a)—delete "the Department" and substitute:
TAFE SA
Regulation 7(3)—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
10—Variation of regulation 9—Re-employment after resignation to contest election
Regulation 9(1)—delete "Where" and substitute:
If
Regulation 9(1)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 9(1)(c)—delete "former officer" and substitute:
former prescribed employee
Regulation 9—delete "reappointment" wherever occurring and substitute in each case:
re‑employment
Regulation 9(1)—delete "Minister" and substitute:
chief executive
Regulation 9(1)—delete "reappoint" and substitute:
re‑employ
Regulation 9(2)—delete "reappointed" and substitute:
re‑employed
11—Variation of regulation 10—Acting appointments
Regulation 10—delete "Where" wherever occurring and substitute in each case:
If
Regulation 10(1)—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 10(1), (2) and (3)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 10(2)—delete "the officer's" and substitute in each case:
the employee's
Regulation 10(2)—delete "the officer" and substitute:
the employee
12—Variation of regulation 11—Application for leave and non-attendance days
Regulation 11(1)—delete "an officer" and substitute:
a prescribed employee
Regulation 11(1) and (2)—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 11(3)—delete subregulation (3) and substitute:
(3)If it is not practicable for a prescribed employee to apply for leave or non‑attendance days, an application may be made on the employee's behalf by another prescribed employee employed at his or her place of work.
13—Variation of regulation 12—Recreation leave
Regulation 12(1), (4) and (5)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 12(1)(b)—delete paragraph (b) and substitute:
(b)if a determination by the board in relation to recreation leave entitlements is at any time in force—such recreation leave as is specified in that determination.
Regulation 12(2)—delete "An administrative instruction" and substitute:
A determination
Regulation 12(2)(a)—delete "officers" and substitute:
prescribed employees
Regulation 12(2)(b)—delete "that administrative instruction" and substitute:
that determination
Regulation 12(3)—delete "part‑time officer" and substitute:
part‑time prescribed employee
Regulation 12(4)—delete "the officer" and substitute:
the employee
Regulation 12(4) and (5)—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
14—Variation of regulation 13—Recreation leave loading allowance
Regulation 13(1)—delete "An officer" and substitute:
A prescribed employee
Regulation 13(2), (4) and (5)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 13(2), (3) and (4)—delete "college year" wherever occurring and substitute in each case:
TAFE year
Regulation 13(2), (3) and (5)—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 13(3)—delete "officers" and substitute:
prescribed employees
Regulation 13(4)—delete "Minister" and substitute:
chief executive
15—Variation of regulation 14—Non‑attendance days
Regulation 14(1), (2), (5) and (6)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 14(1)(b)—delete paragraph (b) and substitute:
(b)if a determination by the board in relation to non‑attendance day entitlements is at any time in force—such non‑attendance days as are specified in that determination.
Regulation 14(2)—delete "Minister" and substitute:
board
Regulation 14(2)—delete "administrative instructions" and substitute:
non‑attendance day determinations
Regulation 14(3)—delete "An administrative instruction" and substitute:
A determination
Regulation 14(3)(a)—delete "officers" and substitute:
prescribed employees
Regulation 14(3)(b)—delete "that administrative instruction" and substitute:
that determination
Regulation 14(4)—delete "part‑time officer" and substitute:
part‑time prescribed employee
Regulation 14(5)—delete "the officer" and substitute:
the employee
Regulation 14(6)—delete "Chief Executive Officer" and substitute:
chief executive
16—Variation of regulation 15—Sick leave
Regulation 15(1), (8), (9), (10) and (11)—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 15—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 15(1)—delete "that officer" and substitute:
that employee
Regulation 15(2)(a), (3)(a), (7), (10) and (11)—delete "the officer's" wherever occurring and substitute in each case:
the employee's
Regulation 15(2) and (3)—delete "appointment" wherever occurring and substitute in each case:
employment
Regulation 15(2) and (3)—delete "appointed" wherever occurring and substitute in each case:
employed
Regulation 15(2), (3), (5), (7), (8) and (11)—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 15(5)—delete "Minister" wherever occurring and substitute in each case:
chief executive
Regulation 15(5)—delete "where" wherever occurring and substitute in each case:
if
Regulation 15(5)(d)—delete "under section 20 of the Act"
Regulation 15(5)(e)—delete "pursuant to section 17 of the Act"
Regulation 15(5)(e)—delete "reappointed" and substitute:
re‑employed
Regulation 15(5)(f)—delete "an officer's" and substitute:
a prescribed employee's
Regulation 15(5)(f)—delete "of the Act" and substitute:
of the Technical and Further Education Act 1975
Regulation 15(7), (9), (10) and (11)—delete "Where" wherever occurring and substitute in each case:
If
17—Variation of regulation 16—Special leave
Regulation 16—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 16—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 16(1)—delete "15 college days in any one college year" and substitute:
15 duty days in any 1 TAFE year
Regulation 16(2)—delete subregulation (2) and substitute:
(2)The chief executive may grant to a prescribed employee special leave with pay or with part pay for such period and on such conditions as the chief executive thinks fit.
Regulation 16(3)—delete "Minister" wherever occurring and substitute in each case:
chief executive
18—Variation of regulation 17—Special leave for infectious diseases
Regulation 17(1)—delete subregulation (1) and substitute:
(1)If a prescribed employee is absent from duty and provides to the chief executive a medical certificate indicating that he or she has an infectious disease, the chief executive must, if satisfied that the infectious disease was probably contracted by the employee while on duty or as a result of the employee's contact with the students or staff of TAFE SA, grant the employee special leave with pay (not debited against sick leave credits) for the period of the employee's absence from duty due to the infectious disease.
Regulation 17(3)—delete "an officer" and substitute:
a prescribed employee
Regulation 17(4)—delete "declared by administrative instructions issued by the Minister" and substitute:
determined by the board
19—Variation of regulation 18—Special leave for war service disabilities
Regulation 18(1)—delete "Chief Executive Officer" and substitute:
chief executive
Regulation 18—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 18(1)—delete "that officer" and substitute:
that employee
Regulation 18(2)—delete "appointment" wherever occurring and substitute in each case:
employment
Regulation 18(2)—delete "the officer" and substitute:
the employee
Regulation 18(3)(a)—delete "officer's" and substitute:
employee's
20—Variation of regulation 19—Maternity leave
Regulation 19—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 19(1)—delete "female officer" and substitute:
female prescribed employee
Regulation 19(1)—delete "officer's" and substitute:
employee's
Regulation 19(1)—delete "college year" and substitute:
TAFE year
Regulation 19(3) and (4)—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 19(4) and (6)—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 19(5) and (6)—delete "An officer" wherever occurring and substitute in each case:
A prescribed employee
21—Variation of regulation 20—Determination of long service leave entitlements
Regulation 20—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 20(b)—delete "Minister" and substitute:
chief executive
Regulation 20(c)—delete "under section 20 of the Act"
Regulation 20(c)—delete "the officer" and substitute:
the employee
22—Variation of regulation 21—Certain prescribed employees subject to Public Service conditions
Regulation 21—delete "Minister" wherever occurring and substitute in each case:
chief executive
Regulation 21—delete "an officer" and substitute:
a prescribed employee
Regulation 21—delete "Minister's" and substitute:
chief executive's
Regulation 21—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 21—delete "college"
23—Variation of regulation 22—Failure to resume duty after leave or non‑attendance days
Regulation 22—delete "An officer" and substitute:
A prescribed employee
Regulation 22—delete "for the purposes of section 26 of the Act"
24—Variation of regulation 23—Continuity of service
Regulation 23—delete "an officer" and substitute:
a prescribed employee
25—Variation of regulation 24—Remuneration for temporary duties not covered by award
Regulation 24—delete "an officer" and substitute:
a prescribed employee
Regulation 24—delete "Minister" and substitute:
chief executive
26—Substitution of regulation 25
Regulation 25—delete the regulation and substitute:
25—Commencing salary at higher increment
If a prescribed employee is employed in a position the salary of which has a number of incremental levels, the chief executive may determine that the commencing salary for the employment is to be at a particular incremental level, despite the fact that the employee does not meet the requirements for payment at that level.
27—Variation of regulation 26—Increments not payable in certain circumstances
Regulation 26—delete "an officer" and substitute:
a prescribed employee
Regulation 26(b)—delete paragraph (b) and substitute:
(b)retires on or after the day on which he or she reaches the age of 55 years,
Regulation 26—delete "the officer" wherever occurring and substitute in each case:
the employee
28—Variation of regulation 27—Reduction of salary for absence from duty
Regulation 27—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 27(1)—delete "officer's" wherever occurring and substitute in each case:
employee's
Regulation 27—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 27(1)—delete "Chief Executive Officer" and substitute:
chief executive
29—Variation of regulation 28—TAFE SA may recover remuneration wrongly paid to prescribed employee
Regulation 28—delete "The Minister" and substitute:
The chief executive
Regulation 28—delete "an officer" and substitute:
a prescribed employee
Regulation 28—delete "the officer to the Crown" and substitute:
the employee to TAFE SA
30—Variation of regulation 29—Travelling expenses
Regulation 29(1)—delete "An officer" and substitute:
A prescribed employee
Regulation 29—delete "Minister" wherever occurring and substitute in each case:
chief executive
Regulation 29(2)—delete ", on the recommendation of the Chief Executive Officer,"
31—Variation of regulation 30—Removal expenses
Regulation 30—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 30(1), (2), (5) and (8)—delete "college" wherever occurring and substitute in each case:
place of employment with TAFE SA
Regulation 30—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 30(1), (5) and (8)—delete "officer's" wherever occurring and substitute in each case:
employee's
Regulation 30—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 30(3)—delete "appointed" and substitute:
employed
Regulation 30(3)—delete "appointment" wherever occurring and substitute in each case:
employment
Regulation 30(4) and (8)—delete "the Department" wherever occurring and substitute in each case:
TAFE SA
Regulation 30(4)—delete "appointment" wherever occurring and substitute in each case:
employment
Regulation 30(7)—delete "the Minister may, on the recommendation of the Chief Executive Officer" and substitute:
chief executive may
32—Variation of regulation 31—Right of review and appeal in respect of administrative acts or decisions
Regulation 31—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 31—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 31—delete "the Department" and substitute:
TAFE SA
Regulation 31—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 31(4)—delete "Where" and substitute:
If
Regulation 31(5)—delete "appointment" and substitute:
initial employment
Regulation 31(6)—delete "appointment" and substitute:
employment
33—Variation of regulation 33—Selection of members to constitute Appeal Board
Regulation 33—delete "Where" and substitute:
If
Regulation 33—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
34—Variation of regulation 34—Suspension of further action where appeal is made
Regulation 34—delete "Where" and substitute:
If
Regulation 34—delete "Chief Executive Officer" and substitute:
chief executive
Regulation 34—delete "officer" and substitute:
employee
35—Variation of regulation 35—Suspension of proceedings on commencement of criminal proceedings
Regulation 35(1)—delete "Where an officer" and substitute:
If a prescribed employee
Regulation 35(1)—delete "Chief Executive Officer" and substitute:
chief executive
Regulation 35(2)—delete "an officer" and substitute:
a prescribed employee
Regulation 35(2)—delete "under section 27 of the Act" and substitute:
by the chief executive pending the outcome of all proceedings in relation to the employee
36—Variation of heading to Part 2 Division 5
Heading to Part 2 Division 5—delete "officers" and substitute:
prescribed employees
37—Variation of regulation 36—Prescribed employees to serve where required
Regulation 36—delete "An officer" and substitute:
A prescribed employee
Regulation 36—delete "Minister" and substitute:
chief executive
38—Substitution of regulation 37
Regulation 37—delete the regulation and substitute:
37—Prescribed employees to comply with regulations, determinations
A prescribed employee must comply with these regulations, and any determination of the board under these regulations, as in force from time to time.
39—Variation of regulation 38—Outside employment
Regulation 38(1)—delete "An officer" and substitute:
A prescribed employee
Regulation 38(1)—delete "the Department" and substitute:
TAFE SA
Regulation 38—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 38—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 38(3)(a)—delete "the officer" and substitute:
the prescribed employee
Regulation 38(3)—delete "the officer's" wherever occurring and substitute in each case:
the employee's
40—Variation of regulation 39—Impartiality of instruction
Regulation 39—delete "Where" and substitute:
If
Regulation 39—delete "an officer" and substitute:
a prescribed employee
Regulation 39—delete "the officer" and substitute:
the employee
41—Variation of regulation 40—Political intervention to obtain unfair advantage
Regulation 40—delete "An officer" and substitute:
A prescribed employee
Regulation 40—delete "an officer" and substitute:
a prescribed employee
42—Variation of regulation 41—Prescribed employee not to incur liability on behalf of TAFE SA
Regulation 41—delete "an officer" and substitute:
a prescribed employee
Regulation 41—delete "the Crown" and substitute:
TAFE SA
Regulation 41—delete "Chief Executive Officer" and substitute:
chief executive
43—Variation of regulation 42—Notice of resignation
Regulation 42—delete "an officer" wherever occurring and substitute in each case:
a prescribed employee
Regulation 42—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 42(4)—delete subregulation (4) and substitute:
(4)If a prescribed employee resigns without complying with this regulation, the chief executive may, by notice in writing, require the employee to pay to TAFE SA—
(a)in the case of a failure to comply with subregulation (1)—an amount not exceeding 6 weeks' salary of that employee; or
(b)in the case of a failure to comply with subregulation (2)(b)—an amount not exceeding 2 weeks' salary of that employee.
Regulation 42(5)—delete "the officer to the Crown" and substitute:
the employee to TAFE SA
44—Revocation of Part 3
Part 3—delete the Part
45—Revocation of Part 4
Part 4—delete the Part
46—Revocation regulation 62
Regulation 62—delete the regulation
47—Variation of regulation 63—Compulsory medical examination of prescribed employee
Regulation 63—delete "An officer" and substitute:
A prescribed employee
Regulation 63—delete "Chief Executive Officer" wherever occurring and substitute in each case:
chief executive
Regulation 63(3)—delete "Where" and substitute:
If
Regulation 63(3)—delete "an officer" and substitute:
a prescribed employee
Regulation 63(3)—delete "the Crown" and substitute:
TAFE SA
Regulation 63(3)(b)—delete "the officer" wherever occurring and substitute in each case:
the employee
Regulation 63(3)(b)—delete "the officer's" wherever occurring and substitute in each case:
the employee's
48—Revocation of regulation 64
Regulation 64—delete the regulation
49—Revocation of regulation 65
Regulation 65—delete the regulation
50—Substitution of regulation 66
Regulation 66—delete regulation 66 and substitute:
66—Notice and notification
A notice or other written notification required or authorised to be given to a person under the Act or these regulations may be given—
(a)by personal service on the person or the agent of the person; and
(b)in the case of a notice or written notification to an employee—
(i)by personal delivery to the employee's place of employment with TAFE SA in an envelope addressed to the employee; and
(ii)by post to the employee at the employee's place of employment with TAFE SA or last known residential address; and
(c)in the case of a notice or written notification to the Minister or chief executive—by personal delivery, or by post, to the office of the Minister or chief executive;
(d)in the case of a notice or written notification to TAFE SA—by personal delivery, or by post, to an office of TAFE SA designated by the chief executive for the purposes of this regulation.
51—Revocation of regulation 67
Regulation 67—delete the regulation
52—Revocation of regulation 68
Regulation 68—delete the regulation
53—Revocation of regulation 69
Regulation 69—delete the regulation
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 4 October 2012
No 215 of 2012
MEHES12/011CS
0
0
0