Employment, Education and Training Amendment Act 1991
No. 47 of 1991
An Act to amend the Employment, Education and Training Act 1988
[Assented to 24 April 1991]
[Date of commencement 22 May 1991]
The Parliament of Australia enacts:
Short title etc.
1. (1) This Act may be cited as the Employment, Education and Training Amendment Act 1991.
(2) In this Act, “Principal Act” means the Employment, Education and Training Act 19881.
Functions of the Higher Education Council
2. Section 25 of the Principal Act is amended by omitting from paragraph (1) (c) “regular reports, in February and August” and substituting “a report, in March”.
Acting appointments
3. Section 33 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:
“(1) Subject to subsection (2), the Minister may appoint a person to act as a member of a Council:
(a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or
(b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy is not to continue in that office for more than 12 months.
“(2) A member of the Board, or a person appointed under subsection 21 (3), may only be appointed to act as a member of a Council where:
(a) a vacancy in the membership of the Council results in there being less than 2 members of the Board on the Council; or
(b) the member of the Council who is absent or unable to perform the duties of the office is a member of the Board.”.
NOTE
1. No. 80, 1988, as amended. For previous amendments, see Nos. 1, 2, 13, 170 and 179, 1989.
[Minister’s second reading speech made in—
House of Representatives on 20 February 1991
Senate on 11 March 1991]
Overview
The Employment, Education and Training Amendment Act 1991 was enacted by the Parliament of Australia to amend the Employment, Education and Training Act 1988. The Act, which received assent on 24 April 1991 and commenced on 22 May 1991, addresses specific issues within the administration and reporting functions of the Higher Education Council. By modifying the timing of the council's reports and the provisions for acting appointments, the Act aims to streamline the council's operations and ensure continuity in its functions during vacancies or absences. The policy objective appears to be enhancing the efficiency and responsiveness of the council in fulfilling its educational and training oversight roles.
Scope and Application
The Employment, Education and Training Amendment Act 1991 is a piece of legislation that amends the Employment, Education and Training Act 1988, with the primary purpose of modifying the functions and operational aspects of the Higher Education Council. The Act applies to the Higher Education Council, which is tasked with overseeing and administering education and training policies and programs within Australia. It is designed to streamline the reporting requirements of the Council by altering the timing of its reports from biannual to a single annual report in March, reflecting a shift towards more efficient administrative processes. Additionally, the Act revises the provisions for acting appointments within the Council, allowing for temporary appointments during vacancies or periods of absence, while ensuring that such appointments do not exceed a duration of 12 months if made during a vacancy. This amendment provides flexibility in maintaining the Council's functionality without prolonged interim arrangements. The Act's jurisdiction extends across Australia, as it is an Act of the Commonwealth Parliament, thereby applying nationally. There are no stated exclusions or thresholds within the Act, and it does not explicitly mention the use of subordinate instruments to extend or restrict its application.
Key Provisions
The Employment, Education and Training Amendment Act 1991 makes several significant amendments to the Employment, Education and Training Act 1988. Firstly, it modifies the functions of the Higher Education Council, specifically altering the timing of the regular reports it must provide. Under the Principal Act, these reports were required in February and August (Section 25 of the Principal Act). However, the amendment changes this requirement to a single report in March (Section 2 of the Amendment Act). Secondly, the Act revises the provisions regarding acting appointments within the Council. It removes the previous subsections (1) and (2) of Section 33 of the Principal Act and replaces them with new provisions that allow for more flexible acting appointments. These acting appointments can now be made during vacancies, absences, or any period when a member is unable to perform their duties, but limits acting appointments during vacancies to a maximum of 12 months (Section 3 of the Amendment Act).
The obligations imposed by the Amendment Act include ensuring that acting appointments are made in accordance with the new provisions, particularly noting the 12-month limit for acting during vacancies. The Act also requires the Higher Education Council to submit its annual report by March, in line with the amended reporting schedule. These changes necessitate that the relevant parties, including the Minister and the Council, adapt their processes and timelines to align with the new statutory requirements.
Breach of the provisions in the Employment, Education and Training Amendment Act 1991 could lead to various civil or administrative consequences, although the Act itself does not explicitly detail specific offences or penalties for non-compliance. The implications of failing to adhere to the new reporting or appointment guidelines might involve oversight or intervention by the relevant authorities to ensure compliance. However, the primary focus of the Act appears to be on clarifying and streamlining the administrative processes rather than imposing punitive measures for non-compliance.