Technical and Further Education Variation Regulations 2005 (SA)
South Australia
Technical and Further Education Variation Regulations 2005
under the Technical and Further Education Act 1975
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Technical and Further Education Regulations 1999
Insertion of regulation 53A
53APayment of allowances and expenses
Substitution of regulations 56 and 57
56Powers, authorities, duties and obligations of college councils
56AChief Executive Officer and Director to provide certain information
57Duty of members of college councils etc with respect to conflict of interest
Variation of regulation 64—Use of college premises and property for commercial, community or other purposes
Part 1—Preliminary
1—Short title
These regulations may be cited as the Technical and Further Education Variation Regulations 2005.
2—Commencement
These regulations come into operation on the day on which they are made.
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—Insertion of regulation 53A
After regulation 53 insert:
53A—Payment of allowances and expenses
A member of a council is entitled to be paid from the council fund such remuneration, allowances and expenses as may be determined by the Minister.
5—Substitution of regulations 56 and 57
Regulations 56 and 57—delete regulations 56 and 57 and substitute:
56—Powers, authorities, duties and obligations of college councils
A college council has the following powers, authorities, duties and obligations:
(a)to work with the director of the college in the development of a business plan for the college;
(b)to monitor the performance of the college in relation to—
(i)indicators specified in the business plan; and
(ii)any charter and instructions issued by the Minister for the conduct of the college;
(c)to report annually (and, if necessary, at other times) to the Minister on the overall progress of the college in relation to its business plan, financial situation and educational performance;
(d)to provide advice and assistance to the college on present and future needs of industry, commerce and the community in relation to the programs of the college;
(e)to contribute to the development of student services planning within the college, to assist in funding the provision of amenities and support for students and to support the development of student associations;
(f)to provide advice to the director of the college on an appropriate staff skill base for the future development of the college;
(g)to assist in funding the provision of equipment and facilities and, subject to the approval of the Minister, land, buildings and structures for the college;
(h)to make representations to the Chief Executive Officer or the Minister on matters affecting the college and technical and further education generally;
(i)to act as advocate on behalf of the college's programs and capacities, and those of technical and further education generally, to industry, government, other education providers, the community and present and potential students;
(j)to liaise with industry and commerce (including employer and employee bodies), other education providers and community and public sector organisations on matters relating to technical and further education;
(k)to manage the council fund and maintain an ADI or Treasury account for the purposes of the fund;
(l)to use the council fund for the exercise or performance of the council's powers, authorities, duties and obligations under the Act and these regulations;
(m)to engage in or conduct fundraising activities;
(n)to support, encourage and assist in the funding of staff development;
(o)to recognise and reward student and staff innovation and exceptional achievement through awards, scholarships and recognition ceremonies;
(p)subject to the approval of the Minister, to employ staff to assist the council in the exercise or performance of its powers, authorities, duties and obligations under the Act and these regulations;
(q)to form committees (which may include persons who are not members of the council) to consider matters that are relevant to the college, a region or regions within a college or an individual campus of the college;
(r)to exercise or perform such other powers, authorities, duties and obligations as are prescribed by or under the Act.
56A—Chief Executive Officer and Director to provide certain information
(1)A college council may, by notice to the Chief Executive Officer or the director of the college, request that the council be provided with specified information to enable it to perform its duties relating to monitoring the performance of the college and reporting on the overall progress of the college in relation to its business plan, financial situation and educational performance.
(2)The Chief Executive Officer or the director of the college (as the case requires) must provide the council with information reasonably requested under this regulation.
57—Duty of members of college councils etc with respect to conflict of interest
(1)A member of a college council or committee formed by a college council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the council or committee—
(a)must, as soon as reasonably practicable, disclose in writing to the council or committee full and accurate details of the interest; and
(b)must not take part in any discussion by the council or committee relating to that matter; and
(c)must not vote in relation to that matter; and
(d)must be absent from the meeting room when any such discussion or voting is taking place.
Maximum penalty: $200.
(2)If a member of a council or committee makes a disclosure of interest and complies with the other requirements of subregulation (1) or in respect of a proposed contract—
(a)the contract is not liable to be avoided by the council; and
(b)the member is not liable to account to the council for profits derived from the contract.
(3)A member of a college council or committee is exempt from the application of subregulation (1) in respect of an interest in a matter that is shared in common with college staff generally or students generally, or a substantial section of college staff or students.
(4)If a member of a council or committee fails to make a disclosure of interest or fails to comply with any other requirement of subregulation (1) in respect of a proposed contract, the contract is liable to be avoided by the council.
(5)A contract may not be avoided under subregulation (4) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.
(6)Where a member of a council or committee has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the council or committee, the member must, as soon as reasonably practicable, disclose in writing to the council or committee full and accurate details of the interest or office.
Maximum penalty: $200.
(7)A disclosure under this regulation must be recorded in the minutes of the council or committee, as the case may be, and reported—
(a)in the case of a council—to the Chief Executive Officer; or
(b)in the case of a committee—to the council and to the Chief Executive Officer.
(8)If, in the opinion of the Chief Executive Officer, a particular interest or office of a member of a council or committee is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the member, the Chief Executive Officer may require the member either to divest himself or herself of the interest or office or to resign from the council (and non-compliance with the requirement constitutes misconduct and hence a ground for removal of the member from the council).
(9)Without limiting the effect of this clause, a member of a council or committee will be taken to have an interest in a matter for the purposes of this clause if an associate of the member has an interest in the matter.
(10)This regulation does not apply in relation to a matter in which a member of a council or committee has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.
(11)For the purposes of this regulation, a person is an associate of another person if—
(a)the other person is a relative of the person or of the person's spouse; or
(b)the other person—
(i)is a body corporate; and
(ii)the person or a relative of the person or of the person's spouse has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or
(c)the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or a body corporate referred to in paragraph (b) is a beneficiary.
6—Variation of regulation 64—Use of college premises and property for commercial, community or other purposes
Regulation 64(1) and (2)—delete subregulations (1) and (2) and substitute:
(1)The director of a college may, in accordance with any administrative instructions issued by the Minister, permit (for reward or otherwise) the use of college premises or property for commercial, community or other purposes.
Regulation 64(3)(a)—delete paragraph (a) and substitute:
(a)10 per cent of the revenue is to be applied by the college in accordance with any administrative instructions issued by the Minister; and
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's Deputy
with the advice and consent of the Executive Council
on 7 July 2005
No 160 of 2005
METAFE 07/05 CS
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