Training and Further Education Acts (Amendment) Act 2000 (Vic)

Training and Further Education Acts (Amendment)

Act 2000

Act No. 64/2000

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	New purposes	3
5.	Consequential amendments	3
6.	Ministerial directions	5
7.	Performance agreements	5
8.	Further consequential amendment	6
9.	Deputy Chairperson	7
10.	Chairs of Regional Councils	7
11.	New Part 4 inserted	8
PART 4—ADULT EDUCATION INSTITUTIONS	8
Division 1—Adult Multicultural Education Services	8

44. Adult Multicultural Education Services 8

Division 2—Centre for Adult Education 8

45. Centre for Adult Education 8

Division 3—Establishment of adult education institutions 9

46.	Adult education institutions	9
47.	Incorporation of governing boards	10
48.	Functions of governing boards	13
49.	Powers of governing boards	14
49A.	Accountability of governing boards	15
49B.	Board membership	16
49C.	Terms and conditions of office of members	16
49D.	Proceedings of governing boards	18
49E.	Reserve powers of Minister	18
49F.	Notice of proposal	20
49G.	Appointment of administrator	21
49H.	Saving of acts of board	22
49I.	Employment of staff	22
49J.	Minister may object to director appointment	23

i

Section Page

49K.	Staff conditions	23
49L.	Institution directors	23

12.	New Part 6 inserted	24
PART 6—TRANSITIONAL PROVISIONS FOR NEW
ADULT EDUCATION INSTITUTIONS	24
Division 1—Preliminary	24

53. Extra-territorial operation of this Part 24

Division 2—Transfer of staff of AMES 25

54.	Definition	25
55.	Determination of staff to be transferred	25
56.	Transfer of staff	25
57.	Superannuation	26
58.	Future terms and conditions of transferred employees	27
59.	Savings for Director of AMES	27

Division 3—Transfer of property, rights and liabilities of

Council of Adult Education 28

60.	Definitions	28
61.	Property rights and liabilities transferred to Board of
Centre for Adult Education	28
62.	Gifts etc.	31
63.	Staff of the Council	32
64.	Land of the Council	33
65.	Amendment of the Register	34
66.	Taxes	34

13.	New Schedule inserted	34
14.	Repeals	34

═══════════════

ENDNOTES 35

ii

Victoria

No. 64 of 2000

Training and Further Education Acts

(Amendment) Act 2000†

[Assented to 8 November 2000]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are to—

(a) amend the Adult, Community and Further Education Act 1991 to—

(i)

provide for the establishment of adult governing boards;

(ii)  transfer the staff employed in the Department of Education, Employment

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 2
and Training in the administration or provision of adult multicultural education services to an adult education institution to be known as Adult Multicultural Education Services which is to be governed by a body corporate to be known as the Board of Adult Multicultural Education Services;

(iii) make other miscellaneous amendments;

(b) repeal the Council of Adult Education Act 1981 and to transfer the staff, property and liabilities of the Council of Adult Education established under that Act to an adult education institution established under the Adult, Community and Further Education Act 1991 to be known as the Centre for Adult Education to be governed by a body corporate to be known as the Board of the Centre for Adult Education;

(c) repeal the Employment Agents Act 1983.

2. Commencement

(1) Section 1, this section and sections 9, 10 and

14(2) come into operation on the day after the day

on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision of this Act does not come into

operation before 1 December 2001, it comes into

operation on that day.

3. Principal Act

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000

See	In this Act, the Adult, Community and Further
Act No.
91/1991	Education Act 1991 is called the Principal Act.
Reprint No. 3 as at 19 March 1998 and amending Act Nos 46/1998 and 12/1999. LawToday: dpc.vic. gov.au

4. New purposes

In section 1 of the Principal Act after paragraph
(c) insert—

"(ca) to establish AMES and the Centre for

Adult Education as adult education
institutions and to provide for the
governing boards of those adult
education institutions; and

(cb) to provide for the establishment of

other adult education institutions and
for their governing boards; and".

5. Consequential amendments

In the Principal Act—

(a) in section 3—

(i) "adult, community and further
education" after "provided by" insert

in paragraph (c) of the definition of established by or under this Act or";

(ii)  the definition of "Council of Adult Education" is repealed;

(iii) insert the following definitions—

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 5
' "adult education institution" means

AMES or the Centre for Adult
Education or an adult education
institution established under

section 46;

"AMES" means the adult education

institution known as Adult
Multicultural Education Services

established under section 44;

"Board" means the Adult, Community

and Further Education Board;

"Board of AMES" means the governing board of Adult Multicultural Education Services

established by Order in Council

under section 47;

"Board of the Centre for Adult

Education" means the Board of
the Centre for Adult Education
established by Order in Council

under section 47;

"Centre for Adult Education" means

the adult education institution known as the Centre for Adult Education established under

section 45;

"governing board" means the

governing board of an adult
education institution established
by Order in Council under section

47;

"Regional Council" means a Regional
Council of Adult, Community and

Training and Further Education Acts (Amendment) Act 2000

s. 6 Act No. 64/2000

Further Education established

under Part 3;';

(b) for section 8(c)(ii) substitute— "(ii) the governing boards of adult education

institutions; and".

6. Ministerial directions

(1) In section 10(1) of the Principal Act, after

"Regional Councils of Adult, Community and boards of adult education institutions, including matters relating to the employment of staff by those Councils or those governing boards".

(2) After section 10(1) of the Principal Act insert—

"(1A) A direction under sub-section (1) may be

made so as to apply—

(a)	generally or in specified cases or in a specified class of cases or specified classes of cases;
(b)	at all times or at a specified time or times.".

(3) In section 10(3) of the Principal Act for "and any"

substitute ", the governing board of an adult

education institution and a".

7. Performance agreements

(1) In section 9(d) of the Principal Act, after

"Council" insert "or the governing board of an

adult education institution".

(2) At the end of section 11 of the Principal Act

insert—

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 8

"(2) The Board may enter into a performance

agreement with the governing board of an
adult education institution with respect to the
functions of the governing board under this

Act.".

8. Further consequential amendment

In the Principal Act—

(a) in section 13D(1) and (1A) after "body which is" insert "an adult education institution or";

(b) in section 19(1)—

(i)  for "13 members of the Board of whom" substitute "12 members of the Board";

(ii) in paragraph (a) omit "12 are";

(iii)  paragraph (b) and the word "and" preceding it are repealed;

(c) in sections 27 and 28(1)—

(i) paragraph (e) is repealed;

(ii)  in paragraph (f) after "education" insert "including the governing board of an adult education institution";

(d) in section 29—

(i) paragraph (c) is repealed;

(ii)

in paragraph (d) after "education" of an adult education institution";

(e) in section 35—

Training and Further Education Acts (Amendment) Act 2000

s. 9 Act No. 64/2000

(i)  in sub-section (1)(e) and (f) for "or the Council of Adult Education" substitute "or an adult education institution";

(ii) Adult Education" substitute "the

in sub-section (2)(a) for "the Council of institution".

9. Deputy Chairperson

(1) In section 21(1) of the Principal Act, omit ", other

than the Chairperson".

(2) For section 21(2) of the Principal Act

substitute—

"(2) If—

(a) the Chairperson is—

(i)  unable to perform his or her duties; or

(ii) absent from duty; or

(b) the office of Chairperson is vacant—

the person appointed under sub-section (1) to
act in the place of the Chairperson is to

preside.".

(3) For section 23(3) of the Principal Act

substitute—
"(3) If the Chairperson and any person appointed

under section 21(1) to act in the place of the Chairperson are absent, a member appointed by the members present at a meeting must

preside.".

10. Chairs of Regional Councils

In the Principal Act—

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000

(a) in section 38(1) for "appointed Chairperson" substitute "elected as Chairperson and one shall be elected as Deputy Chairperson by the members of the Council";

(b) section 40(2) is repealed.

11. New Part 4 inserted

After section 43 of the Principal Act insert—

"PART 4—ADULT EDUCATION

INSTITUTIONS

Division 1—Adult Multicultural Education

Services

44. Adult Multicultural Education Services

(1) There is established an adult education

institution to be called Adult Multicultural
Education Services.

(2) The Board of AMES is the governing body of AMES and shall be constituted as a body corporate by Order in Council as provided

for in Division 3 of this Part.

(3) The Board of AMES has the functions and

powers conferred on it by Division 3 of this
Part and by Order in Council made under
Division 3.

Division 2—Centre for Adult Education

45. Centre for Adult Education

(1) There is established an adult education

institution to be called the Centre for Adult

Education.

(2) The Board of the Centre for Adult Education
is the governing body of the Centre for Adult

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

Education and shall be constituted as a body corporate by Order in Council as provided for in Division 3 of this Part.

(3) The Board of the Centre for Adult Education has the functions and powers conferred on it by Division 3 of this Part or an Order in

Council under Division 3.

Division 3—Establishment of adult education

institutions

46. Adult education institutions

(1) The Governor in Council may, on the

recommendation of the Minister, by Order

published in the Government Gazette—

(a) create an adult education institution; or

(b)	abolish an adult education institution; or
(c)	amalgamate one or more adult education institutions; or
(d)	change the name of an adult education institution—

and amend the Schedule by—

(e)

inserting the name of a new or institution; or

(f)	removing the name of an adult education institution; or
(g)	changing the name of an adult education institution.

(2) The Minister must not make a

recommendation under sub-section (1)
unless—

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 11

(a)	the governing board or the governing body (if any) of any institution or proposed institution concerned has made a request for the proposed order or has been consulted about the proposed order; and
(b)

the Minister has consulted the Adult, Board about the proposed order.

(3) If an Order in Council changes the name of an institution under sub-section (1)—

(a)	the institution continues in existence under the new name so that its identity is not affected; and
(b)	in an Act, in a subordinate instrument made under an Act or in any other document a reference to an institution under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institution under the new name.

47. Incorporation of governing boards

(1) The Governor in Council may, on the

recommendation of the Minister by Order—

(a)

establish a governing board to oversee institution; or

(b) amalgamate a governing board with another governing board; or

(c) abolish a governing board; or

(d) change the name of a governing board; or

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

(e) or with respect to the constitution,
management structure, membership,
objectives, powers, duties or functions
of a governing board, the manner of
appointment or the terms and

make provision or further provision for of a governing board; or

(f)	make provision for the governing board to make rules for the government of the institution; or
(g)	make provision for the governing board to delegate any of its powers and functions under this Act (except any powers or functions delegated to it under this Act) to a person employed at the institution or to a committee established by or under an Order in Council relating to the board; or
(h)	amend any provision of a previous order relating to a governing board; or

(i)  make provision for or with respect to anything that is consequential upon the making of an order including the rights and obligations or the assignment of any property (subject to any trusts) of any governing board referred to in the Order.

(2) The Minister must not make a

recommendation under sub-section (1)

unless—

(a) the governing board of the institution concerned has made a request for the proposed Order or has been consulted about the proposed Order; and

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 11

(b)

the Minister has consulted the Adult, Board about the proposed Order.

(3) A governing board established under sub- section (1)—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c)	may sue and be sued in its corporate name; and
(d)	dealing with or disposing of property for the purpose of performing its

is capable of acquiring, holding, and

(e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers.

(4) If two or more governing boards previously

incorporated under this Act are amalgamated
under an Order under sub-section (1), any
legal proceedings that might have been
commenced or continued by or against any
of the boards may be commenced or
continued by or against the single governing
board formed by the amalgamation.

(5) A change of name under an Order under sub- section (1) does not affect the identity of the governing board or any rights or obligations of the governing board or render defective

any legal proceedings by or against the
board, and any legal proceedings that might
have been continued or commenced by or

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

against it by its former name may be

continued by or against it by its new name.

48. Functions of governing boards

(1) The functions of the governing board of an

adult education institution are to—

(a)

oversee the institution and ensure that and effectively; and

(b) approve periodic management plans for the institution consistent with the plans and policies of the Adult, Community

and Further Education Board; and

(c) provide the community served by the institution with efficient and effective adult, community, further education,

vocational education and training, employment and other associated programs and services responsive to the

needs of that community;

(d)

consult with the relevant Regional programs and services;

(e)	make adequate arrangements for persons and groups which have not had or do not have adequate access to programs and services provided by the institution;
(f)	provision of adult, community, further education, vocational education and training, employment and other associated programs and services

generally the development and the adult education institution within

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 11
Victoria and outside Victoria, whether in or outside Australia;

(g) carry out any other function conferred on the governing board by or under this Act.

(2) Without limiting the generality of sub-

section (1) a governing board may carry out
all or any of the following functions—

(a)	provide facilities or services for study, research or education;
(b)	undertake research, development, counselling or other services for commercial organisations;
(c)	aid or engage in the development or promotion of research by the institution or the application or use of the results of that research;
(d)	prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software;
(e)	seek or encourage gifts to the institution or for institution purposes;
(f)	promote or assist drama, music or the visual arts.

49. Powers of governing boards

(1) A governing board has power to do all things

that are necessary or convenient to be done
for or in connection with or, as incidental to,
the performance of its functions including
any function delegated to it.

(2) Without limiting the generality of sub- section (1) a governing board, for the

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

purpose of carrying out its functions under

section 48(2), may—

(a)	with the prior written approval of the Minister, be a member of a company, association, trust or partnership;
(b)	with the prior written approval of the Minister, form or participate in the formation of a company, association, trust or partnership;
(c)	enter into a joint venture with another person or persons.

49A. Accountability of governing boards

(1) A governing board must perform its

functions and exercise its powers subject

to—

(a) a performance agreement; and

(b)	any economic or social objectives or industrial relations policies established from time to time by the Government of Victoria; and
(c)	any Order in Council made under section 47; and

(d) any other requirements of this Act.

(2) A governing board must establish and keep full and complete books and accounts of all money received and paid by the board and

must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs.

(3) The books and accounts referred to in sub-

section (2) must be kept in the form and
manner approved by the Auditor-General.

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 11

49B. Board membership

(1) An Order in Council under section 47 must provide for a governing board consisting of not less than 9 and not more than 15 persons of whom—

(a)	not less than one half must be appointed by the Minister;
(b)	one must be a staff member of the institution elected by staff of the institution;
(c)	one must be a student of the institution elected by students of the institution;
(d)	one must be the director of the institution;
(e)	persons with knowledge of or experience in the community or any industry served by the institution or in adult, community and further education or with special skills or knowledge relevant to the governing board

the remaining members must be co-option.

(2) A person who is a member of Parliament

must not be appointed or elected to be a

member of a governing board.

49C. Terms and conditions of office of members

(1) The office of a member becomes vacant if—

(a) the member becomes bankrupt; or

(b) the member is found guilty of an offence which is, or which would if committed in Victoria be, an indictable offence; or

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

(c) 3 consecutive meetings of the

the member is absent from the Chairperson; or

(d) person within the meaning of the

the member becomes a represented Act 1986.

(2) A member must in the exercise of his or her

functions—

(a) act honestly; and

(b)	exercise reasonable care and diligence; and
(c)	not make improper use of any information acquired as a member of a governing board; and
(d)	disclose to the governing board any conflict of interest or duties except those arising directly out of the person's
qualification for membership of a governing board.

(3) The Minister may remove a member

appointed by the Minister under section
49B(1)(a) from office at any time.

(4) The Minister may remove a member elected

or appointed to a governing board under
section 49B(1)(b), (c) or (e)—

(a)	on the recommendation of two thirds of the members for the time being of the governing board; or
(b)

on the recommendation of the Adult, Board.

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 11

(5) The Adult, Community and Further

Education Board must not make a
recommendation under sub-section (4)(b)

unless—

(a)	the Adult, Community and Further Education Board has requested the governing board to recommend the removal of a member and the governing
board has not made a recommendation within 30 days of the request; and
(b)

the Adult, Community and Further member failed to comply with any requirement of sub-section (2); and

(c)

the Adult, Community and Further an opportunity to submit an explanation in relation to the alleged failure.

49D. Proceedings of governing boards

(1) Subject to this Act and any Order in Council made under section 47 relating to the governing board of an adult education institution, the governing board may regulate

its own proceedings.

(2) The governing board may permit members to

participate in a particular meeting, or all
meetings, by telephone, closed circuit
television or other means of communication.

49E. Reserve powers of Minister

(1) If the Minister is satisfied that the governing board of an institution—

(a) is inefficiently or incompetently
managing the institution; or

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

(b)	is failing to comply with its performance agreement; or
(c)	has failed to comply with any provision of this Act, a guideline issued by the Minister under Part 2 or any directions given to the governing board by the Minister under this Part or an Order in Council establishing the governing board—

the Minister may do any one or more of the

following—

(d) issue written directions to the governing board about—

(i) inefficient or incompetent
management, which may include

action to be taken to remedy director; or

(ii)	compliance with a performance agreement; or
(iii)	compliance with the Act, guidelines, directions or an Order in Council;
(e)	censure the governing board in accordance with section 49F;
(f)	Council dismiss the members of the governing board and appoint new members of the governing board and make arrangements for the elections for

recommend that the Governor in board;

(g) recommend to the Governor in Council that an administrator of the institution

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 11
be appointed in accordance with sections 49F and 49G.

(2) If the Minister is satisfied that a governing board has failed to comply with a direction given under sub-section (1)(d) the Minister may do any one or more of the things

specified in sub-section (1)(e), (f) and (g).

49F. Notice of proposal

(1) If the Minister proposes to exercise his or

her powers under section 49E, the

Minister—

(a)	must give the governing board notice in writing of the proposal and the reasons for the proposal; and
(b)	must consider any submissions whether oral or in writing made to the Minister by the governing board within 7 days after the giving of the notice or any further time specified in the notice; and
(c)

may consider any other submissions appropriate—

before deciding whether or not to exercise
the power.

(2) If the Minister decides to censure or dismiss

a governing board or appoint an
administrator to the governing board, the
Minister must—

(a)	give notice in writing of the censure, dismissal or appointment to the governing board; and
(b)	cause to be tabled in each House of Parliament within 7 sitting days of the

Training and Further Education Acts (Amendment) Act 2000

s. 11	Act No. 64/2000
House after the notice is given to the governing board—

(i) a copy of the notice; and

(ii)  a report of the circumstances leading to the action; and

(iii)  a copy of any written submission made by the governing board.

49G. Appointment of administrator

(1) If the Minister decides to recommend the

appointment of an administrator, the
Governor in Council, on the
recommendation of the Minister, may
appoint an administrator of the institution for
the period and subject to the terms and
conditions that are specified in the
appointment.

(2) An administrator of an institution appointed

under this section has and may exercise all
the powers and is subject to all the duties of
the governing board of the institution and the
director of the institution.

(3) On the appointment of an administrator, the

members of the governing board cease to
hold office.

(4) The Minister must review the appointment of

an administrator within 12 months after the
appointment.

(5) If the Minister recommends to the Governor

in Council that the appointment of the
administrator should be revoked, the
Governor in Council may by notice
published in the Government Gazette declare
that the appointment will be revoked on the
date specified in the notice, being a date not

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 11

less than 28 days after the publication of the
notice.

(6) If a notice is published under sub-section (5) in relation to an institution—

(a) members of the governing board of the institution shall be elected or appointed in accordance with this Part; and

(b) on the date specified in the notice—

(i) the appointment of the
administrator is revoked; and

(ii)  the governing board of the institution is re-established.

49H. Saving of acts of board

Nothing done by a governing board is in any
way abated or affected by the dismissal of
the governing board or the appointment of an

administrator under section 49F or 49G.

49I. Employment of staff

(1) Subject to any direction given by the

Minister under section 10, a governing board—

(a) must employ an institution director; and

(b) may employ such other staff as is necessary to enable the governing board to perform its functions and exercise its powers.

(2) A governing board, in employing persons under this section, does not represent the Crown.

Training and Further Education Acts (Amendment) Act 2000

s. 11 Act No. 64/2000

(3) A governing board may, by instrument under

its common seal, delegate to the institution director any power of the board under this section, other than this power of delegation.

49J. Minister may object to director appointment

(1) Before appointing a person as institution

director a governing board must notify the Minister in writing of the proposal to make the appointment.

(2) The Minister may, within 10 days after

receiving that notification and after
considering the governing board's proposal,
give to the governing board notice in writing
of his or her objection to the proposed
appointment.

(3) A governing board must not appoint a person

as an institution director if the Minister has objected to the appointment in accordance with sub-section (2).

49K. Staff conditions

A governing board may determine terms and
conditions of employment of persons
employed under section 49I to the extent that
those terms and conditions are not
determined or agreed in accordance with

Part 6.

49L. Institution directors

An institution director—

(a)	is the chief executive officer of the governing board; and
(b)	administration and management of the

is responsible for the day to day policies or directions of the governing

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 12
board of the institution and with the requirements of this Act; and

(c) must satisfy the governing board that—

(i) funds are spent; and

(ii)  staff are carrying out functions; and

(iii) the institution is generally
managed and administered—

in accordance with the requirements of this

Act.".

12. New Part 6 inserted

After Part 5 of the Principal Act insert—

'PART 6—TRANSITIONAL PROVISIONS FOR

NEW ADULT EDUCATION INSTITUTIONS

Division 1—Preliminary

53.

Extra-territorial operation of this Part operation of this Part should, as far as possible, include operation in relation to the following—

(a)	land situated outside Victoria, whether in or outside Australia;
(b)	things situated outside Victoria, whether in or outside Australia;
(c)	entered into or occurring outside

acts, transactions and matters done, Australia;

Training and Further Education Acts (Amendment) Act 2000

s. 12 Act No. 64/2000

(d) (wherever situated, done, entered into
or occurring) that would, apart from
this Division, be governed or otherwise
affected by the law of the

things, acts, transactions and matters Territory or a foreign country.

Division 2—Transfer of staff of AMES

54. Definition
In this Division—
"relevant date" means the date on which an

Order in Council made under section 47 establishes the Board of AMES as a body corporate to be the governing board of Adult Multicultural Education Services.

55.

Determination of staff to be transferred officers and employees of the public service and the teaching service who are employed in the Department of Education, Employment and Training in the administration or provision of adult multicultural education services who are to become employees of the Board of AMES under section 56.

56. Transfer of staff

(1) On and from the relevant date, any officer or

employee designated under section 55—

(a) is deemed to be employed by the Board of AMES with effect from that date; and

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 12

(b)	is employed on the same terms and conditions as those that applied to the person, immediately before that date, as an officer or employee of the public service or the teaching service; and
(c)	retains any entitlement to leave accrued or accruing to that person immediately before that date; and
(d)	ceases to be an officer or employee of the public service or the teaching service.

(2) The service of an employee of the Board of AMES is to be regarded for all purposes as having been continuous with the service of the person in the public service or the

teaching service, immediately before the
relevant date, as an officer or employee of
the public service or teaching service.

(3) A person whose employment is transferred under this Division is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or

employee of the public service or teaching
service because of this Division.

(4) A certificate purporting to be signed by the Director of AMES certifying that a person named in the certificate was, with effect

from the relevant date, employed, by virtue
of this section by the Board of AMES is
admissible in evidence in any proceedings
and is conclusive proof of the matters stated

in it.

57. Superannuation

(1) A person whose employment is transferred

by this Division and who, immediately

Training and Further Education Acts (Amendment) Act 2000

s. 12 Act No. 64/2000

before being employed by the Board of superannuation fund or arrangement established by the State Superannuation Act 1988 continues, subject to that Act, to be a contributor to or member of that fund or arrangement for so long as he or she is employed by the Board of AMES.

(2) The terms and conditions of a

superannuation fund or arrangement to change of employer.

which a person continues to contribute or of
which he or she continues to be a member by
virtue of sub-section (1) apply to that person,
for so long as he or she is employed by the

58.  Future terms and conditions of transferred employees

Nothing in section 56 prevents—

(a)	any of the terms and conditions of employment of any officer or employee designated under section 55 from being altered by or under any law, award or agreement with effect from any time after the relevant date; or
(b)

an officer or employee designated termination of employment of such an officer or employee, at any time after the relevant date in accordance with the then existing terms and conditions of the person's employment by the Board of AMES.

59. Savings for Director of AMES
Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 12

(1) A person who, immediately before the relevant date, held office as the Director of Employment and Training is deemed to be appointed to the office of Director of AMES subject to the terms and conditions of that appointment immediately before the relevant date.

(2) Section 49J does not apply to the

appointment under sub-section (1).

Division 3—Transfer of property, rights and

liabilities of Council of Adult Education

60. Definitions
In this Division—
"Council of Adult Education" means the

Council of Adult Education established under the Council of Adult Education Act 1981;

"relevant date" means the date on which an Order in Council made under section 47 establishes the Board of the Centre for

Adult Education as a body corporate to be the governing board of the Centre for Adult Education.

61.  Property rights and liabilities transferred to Board of Centre for Adult Education

On the relevant date—

(a)

the Council of Adult Education Education Act 1981 is dissolved;

(b) the members of the Board of the Council of Adult Education established under that Act go out of Office;

Training and Further Education Acts (Amendment) Act 2000

s. 12 Act No. 64/2000

(c)	all property and rights of the Council of Adult Education vest in the Board of the Centre for Adult Education;
(d)	all liabilities of the Council of Adult Education become liabilities of the Board of the Centre for Adult Education;
(e)	Education becomes the successor in

the Board of the Centre for Adult in relation to all the property, rights and liabilities of the Council of Adult Education that were in existence immediately before the relevant date;

(f)

all contracts, deeds, bonds, agreements, instruments (including contracts, agreements or arrangements relating to the members of staff of the Council) made or entered into by, on behalf of, or in relation to the Council or its Board and in force immediately before the relevant date have effect as if made or entered into by, on behalf of, or in relation to, the Centre or its Board;

(g) applications and other proceedings
(including proceedings on appeal or
review) pending or existing
immediately before the relevant date
by, against, or in relation to the Council
or its Board have effect as if they were
proceedings by, against, or in relation

all actions, claims, arbitrations, completed accordingly;

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 12

(h) any permit, licence or authority of any kind issued or granted to the Council of Adult Education or its Board by or under any Act continues to operate in favour of the Centre for Adult Education and its Board in the same way and to the same extent as it operated in favour of the Council or its Board;

(i)  all records and documents of the Council of Adult Education or its Board become the property of the Board of the Centre for Adult Education;

(j)	the Board of the Centre for Adult Education is substituted for the Council of Adult Education as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Council of Adult Education;
(k)	the Board of the Centre for Adult Education may continue and complete any other continuing matter or thing commenced by or against or in relation to the Council of Adult Education;
(l)	any reference to the Council of Adult Education in—

(i) an Act other than this Act; or

(ii) a subordinate instrument within
the meaning of the Interpretation
of Legislation Act 1984; or

(iii) any document whatever—
must so far as it relates to any period on
or after the relevant date, and if not
inconsistent with the context or subject-

Training and Further Education Acts (Amendment) Act 2000

s. 12	Act No. 64/2000
matter, be taken to be a reference to the Board of the Centre for Adult Education.

62. Gifts etc.
If—

(a) before or after the relevant date—

(i)  a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or

(ii) a trust fund is created—

(whether by deed, will or otherwise) to,
in favour of, for the use of, or for the
purposes of, the Council of Adult

Education; and

(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after the relevant day—

the gift, disposition, trust or trust fund does occurring on or after the relevant day—

not fail only because of the provisions of this

(c)	in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of the Centre for a purpose of the Centre that corresponds with, or is similar to, those purposes of the Council for which it was made or declared; or
(d)	in the case of a trust fund, may be applied as if created in favour of the Centre for a purpose of the Centre that corresponds with, or is similar to, those

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000	s. 12
purposes of the Council for which the fund was created.

63. Staff of the Council

(1) On the relevant date, the person who,

immediately before that date, held office as subject to his or her term of appointment under section 14 of the Council of Adult Education Act 1981.

the Director of the Council of Adult
Education under section 14 of the Council of
Adult Education Act 1981 becomes the

(2) On the relevant date, any other person who, immediately before that date, was an officer or employee of the Council of Adult

Education under section 14 of the Council of member of the staff of the Centre.

(3) A person who becomes a member of the staff of the Centre under this section—

(a)	is a member of the staff of the Centre employed on the same terms and conditions as those that applied to the person immediately before the relevant date as a member of staff of the Council;
(b)	entitlements (including all entitlements arising from recognition of prior

continues to have the benefit of all respect of the person's employment by the Council before the relevant date;

(c) if the person was, immediately before the relevant date, an officer within the

Training and Further Education Acts (Amendment) Act 2000

s. 12	Act No. 64/2000
meaning of the State Superannuation Act 1988, the person continues, subject to that Act, to be such an officer while
he or she continues as a member of the staff of the Centre.

(4) The service of a person who becomes a

member of the staff of the Centre under this section is to be regarded for all purposes as having been continuous with the service of the person with the Council of Adult
Education, immediately before the relevant
date, as an employee of the Council of Adult
Education.

(5) A person whose employment is transferred under this Division is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the

Council of Adult Education because of this

Division.

(6) Section 49J does not apply to the

appointment under sub-section (1).

64.

Land of the Council of the Council of Adult Education in the land described in the folios of the Register set out below vests in the Board of the Centre for Adult Education, subject to any conditions, covenants, encumbrances, caveats, limitations, exceptions, reservations, restrictions and rights to which they were subject immediately before so vesting.

Volume Folio

3229   797

3766   144

9264   559

Training and Further Education Acts (Amendment) Act 2000

Act No. 64/2000 s. 13

9408   388

65.

Amendment of the Register do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Division.

66.

Taxes under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given.'.

13. New Schedule inserted

At the end of the Principal Act insert—

"SCHEDULE

ADULT EDUCATION INSTITUTIONS

Adult Multicultural Education Services

Centre for Adult Education.".

14. Repeals

(1) The Council of Adult Education Act 1981 is

repealed.

(2) The Employment Agents Act 1983 is repealed.

═══════════════
Training and Further Education Acts (Amendment) Act 2000

Endnotes Act No. 64/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 7 September 2000

Legislative Council: 24 October 2000

The long title for the Bill for this Act was "to amend the Adult,
Community and Further Education Act 1991 to provide for the
establishment of adult education institutions and their governing boards,
to transfer the staff employed in the Department of Education,
Employment and Training in the administration or provision of adult
multicultural education services to an adult education institution to be
known as Adult Multicultural Education Services and to make other
amendments, to repeal the Council of Adult Education Act 1981 and to
transfer the staff, property, rights and liabilities of the Council to an adult
education institution to be called the Centre for Adult Education, to repeal
the Employment Agents Act 1983 and for other purposes."