Western Australian Institute of Technology Act Amendment Act 1971 (WA)

WESTERN AUSTRALIA.

WESTERN AUSTRALIAN

INSTITUTE OF TECHNOLOGY.

No. 49 of 1971.

AN ACT to amend the Western Australian Institute

of Technology Act, 1966-1970.

[Assented to 10th December, 1971.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Western and cita-

Australian Institute of Technology Act Amendment	tion.
Act, 1971.
(2) In this Act the Western Australian Institute of Technology Act, 1966-1970 is referred to as the principal Act.

No. 49.] Western Australian Institute of [1971.

Technology.

(3) The principal Act as amended by this Act may be cited as the Western Australian Institute of Tech- nology Act, 1966-1971.

Amendment 2. Section 4 of the principal Act is amended by

to s. 4.

(In	terpreta-	adding after the interpretation "prescribed" an in-
ti	on.)
terpretation as follows

"Scheme" means the Western Australian Insti- tute of Technology Superannuation Scheme established under section thirty A of this Act and if that Scheme is, under that section, amended means that Scheme as amended from time to time; .

Amendment 3. Section 9 of the principal Act is amended by

to s. 9.

(Constitu-	repealing and re-enacting subsection (6) as
tion of
Council.)	follows

(6) Where a casual vacancy occurs in the

office of a member

(a)	the vacancy may, subject to paragraph (b) of this subsection, be filled by a per- son who has the like prescribed qualifi- cation, if any, as that of the member whose office has become vacant and who has been appointed, elected, or co- opted, as the case requires, in the man- ner in which the member whose office has become vacant was appointed, elected, or co-opted;
(b)	if the vacancy is in the office of an elected member and it has not, within three months after it occurs, been filled in accordance with paragraph (a) of this subsection, it may be filled by a person who has been appointed by the Governor and has the like prescribed qualification as that of the member whose office has become vacant; and

1971.        Western Australian Institute of [No. 49.

Technology.

(c) the person who fills the vacancy shall, subject to this Act, hold office as mem- ber for the residue of his predecessor's term of office. .

4.    Section 10 of the principal Act is amended by ATIO.ment

substituting for the word "four", in line two of ffggeo.;

paragraph (c), the word "five".

5.    Subsection (3) of section 30 of the principal 4m/rent

Act is amended by adding after the word "section", fraoeft.

being the last word in the subsection, the passage

"unless he is so compelled pursuant to a condition of for purposes department

his appointment under section fourteen or seventeen of 1938.) 34

of Act o.

of this Act but, if he is such a contributor, he shall

not be a member of the Scheme".

Addition of

6. The principal Act is amended by adding after ss. 30A and

section 30 sections as follows—	30B.
Western

30A. (1) The Council may establish and Australian Institute of

maintain a scheme to be called the "Western

Technology

Super-

ation Scheme" to make financial provision in scheme.	Australian Institute of Technology Superannu- annuation
respect of the retirement, invalidity or death of such members of the staff, officers and employ- ees of the Institute as the Council, subject to subsection (3) of section thirty of this Act, de- cides may be members of the Scheme and as become such members.
(2) The Council may make agreements with other educational or research institutions for the establishment of joint machinery to facili- tate the transfer of members of a superannua- tion scheme controlled by one of the institutions from that scheme to a superannuation scheme controlled by another of the institutions and generally in relation to matters affecting the Scheme,

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Technology.

(3) The Council may amend the Scheme or by further agreement amend an agreement made under subsection (2) of this section but any amendment to the Scheme or an agreement shall not prejudice any right that has accrued under the Scheme or the agreement before the amendment.

A member of the staff, officer or employee of the Institute whom the Council decides may be a member of the Scheme is not compelled to become such a member unless he is so compelled pursuant to a condition of his appointment under section fourteen or seventeen of this Act but, if he is such a member, he shall not be a contributor for pension, superannuation or benefits under an agreement entered into by the Council pursuant to section thirty of this Act.

(4)

Validation.	30B. Any act, matter or thing for or with respect to which provision is made in this Act made, done or executed before the coming into operation of the Western Australian Institute of Technology Act Amendment Act, 1971 which would have been lawful if that Act had been in force at the time such act, matter or thing was made, done or executed is hereby validated. .
Amendment

to e. 34.	7. Section 34 of the principal Act is amended by
make Stitt-

(Power to	adding after subsection (la) a subsection as (lb) Without limiting any of the powers con- ferred by subsection (1) of this section, the Council may make a Statute furthering or facilitating the objects or operation of this Act with respect to long service leave entitlements of members of the staff of the Institute and in particular
utee.)	follows

(a) providing for lump sum payments in- stead of long service leave entitlements;

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(b) providing for lump sum payments for pro rata long service leave entitle- ments

(i)    to members of the staff who re- tire after attaining the age of sixty years or through ill-health;

(ii)   to female members of the staff who resign from the staff of the Institute because of, or with a view to, marriage and to female members of the staff who con- tinue as such after their mar- riage;

(iii)    to other members of the staff;

(iv)    in the case of death of a member of the staff, to his estate, unless he is survived by a widow legally dependent on him, or other per- son legally so dependent who is approved by the Council for the purpose; and

(v)    in relation to each class of mem- bers of the staff to prescribe the minimum qualifying continuous service,

but so that the calculation of the amounts of leave or money to any member of the staff shall be based upon the rate of salary of the member at the date of his retirement, resignation or death, as the case may be; and so that no pay- ment that exceeds the equivalent of twelve months' salary shall be paid under the Statute. .