Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 (Qld)

Queensland Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 183 made under the Vocational Education, Training and Employment Act2000 Statutory Bodies Financial Arrangements Act 1982 Contents Part 1 1 2 Part 2 3 4 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Vocational Education, Training andEmployment Regulation 2000 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Replacement of ss 31A and 31B . . . . . . . . . . . . . . . . . . . . . . . . . 3 31A Establishment of statutory TAFE institutes—Act, s 218A ............................... 4 31B Notice of proposed significant action—Act, s 218U . . 4 Amendment of s 32 (Prescribed persons for Act, s 257) . . . . . . . 4 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 8 Transitional provisions for the Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 49 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 50 Application of Act, s 220Z. . . . . . . . . . . . . . . . . . . . . . 5 51 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 Contents 8 9 Part 3 10 11 12 52 Agreements and arrangements . . . . . . . . . . . . . . . . . 53 Student enrolments . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Former TAFE institute employees . . . . . . . . . . . . . . . 56 Accreditation of a course under the Act . . . . . . . . . . . 57 Supervising registered training organisation . . . . . . . 58 Applications made to director of former TAFE institute ............................ Renumbering of schs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new schs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2 Statutory TAFE institutes Schedule 3 Amounts prescribed for the Act, s 218U Amendment of Statutory Bodies Financial ArrangementsRegulation 2007 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Statutory bodies that may borrow under part 5 of the Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Statutory bodies allocated category 1 investment power) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 6 6 6 7 7 7 7 9 10 10 Page 2 2008 SL No. 183

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 . 2 Commencement This regulation commences on 1 July 2008. Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 3 Regulation amended in pt 2 This part amends the VocationalEducation,TrainingandEmployment Regulation 2000 . 4 Amendment of s 2 (Definitions) Section 2, ‘schedule 3’— omit, insert — ‘schedule 5’. 5 Replacement of ss 31A and 31B Sections 31A and 31B— omit, insert — 2008 SL No. 183 Page 3

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 6] ‘31A Establishment of statutory TAFE institutes—Act, s 218A ‘A TAFE institute mentioned in schedule 2, column 1 is established as a statutory TAFE institute with the corporate name mentioned opposite the institute in schedule 2, column 2. ‘31B Notice of proposed significant action—Act, s 218U ‘(1) This section applies to a statutory TAFE institute mentioned in schedule 3, column 1. ‘(2) The amounts mentioned opposite the institute in schedule 3, column 2 are prescribed for section 218U of the Act.’. 6 Amendment of s 32 (Prescribed persons for Act, s 257) Section 32, ‘schedule 2’— omit, insert — ‘schedule 4’. 7 Insertion of new pt 8 After part 7— insert — ‘Part 8 Transitional provisions for the Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 2) 2008 ‘49 Definitions for pt 8 ‘In this part— Page 4 2008 SL No. 183

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 7] changeover day means the day the former TAFE institute is established as a statutory TAFE institute under section 31A. former TAFE institute means the TAFE institute known as the Gold Coast Institute of TAFE. new institute means the Gold Coast Institute of TAFE established as a statutory TAFE institute under section 31A. ‘50 Application of Act, s 220Z ‘Section 220Z of the Act applies to the former TAFE institute. ‘51 Assets and liabilities ‘(1) On the changeover day, the assets and liabilities of the State relating to the former TAFE institute become the assets and liabilities of the new institute. ‘(2) In subsection (1), the assets and liabilities do not include the lease held by the State from XYZ Investments Pty Ltd ACN 010 149 943 over lot 9 on survey plan 126783, County of Ward, Parish of Coomera. ‘(3) Also, subsection (1) does not apply to any right or obligation of the State, relating to the former TAFE institute, under an agreement or arrangement entered into by or on behalf of the State. ‘(4) The registrar of titles or other person responsible for keeping a register of dealings in property must, if asked by the new institute, record the vesting of the property under this section in the new institute. ‘52 Agreements and arrangements ‘(1) This section applies if, immediately before the changeover day, under an agreement or arrangement entered into by or on behalf of the State— 2008 SL No. 183 Page 5

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 7] (a) the State had a right to be supplied with or to use any goods or services including a right to use software or other information technology products; and (b) the right expressly or impliedly extended to entitle the former TAFE institute and at least 1 other government entity to be supplied with or to use the goods or services. ‘(2) The agreement or arrangement is taken to include the new institute and its staff, faculty members, employees and students in the same way, and on the same terms, as it included the former TAFE institute. ‘53 Student enrolments ‘A person who, immediately before the changeover day, was enrolled as a student of the former TAFE institute is enrolled as a student of the new institute. ‘54 Legal proceedings ‘A legal proceeding that could have been started or continued by or against the State in relation to the former TAFE institute before the changeover day may be started or continued by or against the new institute. ‘55 Former TAFE institute employees ‘A person who, immediately before the changeover day, was an employee of the department performing work at or for the former TAFE institute remains an employee of the department. ‘56 Accreditation of a course under the Act ‘(1) The accreditation under chapter 2, part 4 of the Act of a course developed by the former TAFE institute continues in force. Page 6 2008 SL No. 183

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 8] ‘(2) Copyright in the accredited course remains the property of the State. ‘57 Supervising registered training organisation ‘If, immediately before the changeover day, the former TAFE institute was, under chapter 3, part 2 of the Act, a supervising registered training organisation for an apprentice or trainee, the new institute is the supervising registered training organisation for the apprentice or trainee. ‘58 Applications made to director of former TAFE institute ‘The following applications made to the director of the former TAFE institute, but not finally dealt with before the changeover day, may be dealt with by the executive officer of the new institute— (a) an application under section 30J, 30K or 30L for exemption from all or part of a tuition fee or student services fee; (b) an application under section 30M for time to pay tuition fees or student services fees; (c) an application under section 30P or 30Q for a refund of fees; (d) an application under section 30S for reconsideration of a refusal of an application for an exemption, refund or time to pay.’. 8 Renumbering of schs 2 and 3 Schedules 2 and 3— renumber as schedules 4 and 5. 9 Insertion of new schs 2 and 3 After schedule 1— 2008 SL No. 183 Page 7

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Vocational Education, Training and Employment Regulation 2000 [s 9] insert — ‘Schedule 2 Statutory TAFE institutes section 31A Column 1 TAFE institute Southbank Institute of Technology Gold Coast Institute of TAFE Column 2 Statutory TAFE institute Southbank Institute of Technology Note— The Southbank Institute of Technology was established as a statutory TAFE institute under the Vocational Education, Trainingand Employment and Other LegislationAmendment Regulation (No. 1) 2008. Gold Coast Institute of TAFE ‘Schedule 3 Amounts prescribed for the Act, s 218U section 31B Page 8 2008 SL No. 183

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 3 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 [s 10] Column 1 Statutory TAFE institute Southbank Institute of Technology Gold Coast Institute of TAFE Column 2 Amounts prescribed (a) for section 218U(1)(c)—$3000000 (b) for section 218U(1)(d)—$3000000 (c) for section 218U(1)(e)(i)—$3000000 (d) for section 218U(1)(e)(ii)—$3000000 (a) for section 218U(1)(c)—$1500000 (b) for section 218U(1)(d)—$3000000 (c) for section 218U(1)(e)(i)—$1500000 (d) for section 218U(1)(e)(ii)—$1500000’. Part 3 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 10 Regulation amended in pt 3 This part amends the StatutoryBodiesFinancialArrangements Regulation 2007 . 2008 SL No. 183 Page 9

Vocational Education, Training and Employment and Other Legislation AmendmentRegulation (No. 2) 2008 Part 3 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 [s 11] 11 Amendment of sch 2 (Statutory bodies that may borrow under part 5 of the Act) Schedule 2— insert — ‘ Vocational Education, Training Gold Coast Institute of TAFE’. and Employment Act 2000 12 Amendment of sch 3 (Statutory bodies allocated category 1 investment power) Schedule 3— insert — ‘ Vocational Education, Training Gold Coast Institute of TAFE’. and Employment Act 2000 ENDNOTES 1 Made by the Governor in Council on 26 June 2008. 2 Notified in the gazette on 27 June 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Education, Training and the Arts. © State of Queensland 2008 Page 10 2008 SL No. 183