Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012

Administered by Department of Employment and Workplace Relations

Legislation au C2012A00069 In force Act

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Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012

 

No. 69, 2012

 

 

 

 

 

An Act to amend the Skills Australia Act 2008, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Skills Australia Act 2008

Part 1—Main amendments

Part 2—Consequential amendments

Division 1—Changing the name of Skills Australia

Division 2—Further changes to the name of Skills Australia

Division 3—Other consequential amendments

Part 3—Transitional provisions

 

 

 

Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012

No. 69, 2012

 

 

 

An Act to amend the Skills Australia Act 2008, and for related purposes

[Assented to 27 June 2012]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012.

2  Commencement

  This Act commences on 1 July 2012.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Skills Australia Act 2008

Part 1—Main amendments

1  Title

Omit “Skills Australia”, substitute “the Australian Workforce and Productivity Agency”.

2  Section 1

Omit “Skills Australia”, substitute “Australian Workforce and Productivity Agency”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Section 3

Insert:

Australian Workforce and Productivity Agency means the body continued in existence by section 5.

4  Section 4 (heading)

Repeal the heading, substitute:

4  Object

5  Section 4

After “development needs,”, insert “and the allocation of Commonwealth funding,”.

6  Section 5

Repeal the section, substitute:

5  Establishment

  The body known immediately before the commencement of this section as Skills Australia is continued in existence as the Australian Workforce and Productivity Agency.

Note 1: See also section 25B of the Acts Interpretation Act 1901.

Note 2:  For the commencement of this section, see section 2 of the Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012.

7  At the end of subsection 6(1)

Add:

 ; (c) improving the productivity of the Australian workforce;

 (d) the allocation of Commonwealth funding (including through the National Workforce Development Fund) to address the matters mentioned in paragraphs (a), (b) and (c).

8  After paragraph 6(3)(b)

Insert:

 (ba) assessing research relating to improving the productivity of the Australian workforce;

 (bb) analysing the funding available to address the matters mentioned in paragraphs (1)(a), (b) and (c);

9  Paragraph 8(b)

Omit “6”, substitute “9”.

10  Subsection 9(2)

Repeal the subsection, substitute:

 (2) In making appointments, the Minister must ensure that the members of the Australian Workforce and Productivity Agency have, between them, experience in:

 (a) academia; and

 (b) the provision of education or training; and

 (c) economics; and

 (d) industry; and

 (e) the representation of employees.

Part 2—Consequential amendments

Division 1—Changing the name of Skills Australia

11  Multiple amendments

The specified provisions of the Skills Australia Act 2008 listed in this Division are amended by omitting “Skills Australia” (wherever occurring) and substituting “the Australian Workforce and Productivity Agency”.

12  Section 3 (definition of Chair)

13  Section 3 (definition of member)

14  Subsections 6(3), 7(1) and (3), 9(2) and 15(3)

15  Paragraph 15(5)(a)

16  Subsection 15(6)

17  Paragraph 18(2)(b)

18  Subsections 19(2) and 21(1)

19  Paragraph 21(2)(a)

20  Subsections 24(2) and (3) and 25(3)

21  Section 26

Division 2—Further changes to the name of Skills Australia

22  Multiple amendments

The specified provisions of the Skills Australia Act 2008 listed in this Division are amended by omitting “Skills Australia” (wherever occurring) and substituting “The Australian Workforce and Productivity Agency”.

23  Subsections 6(1) and (2) and 7(4)

24  Section 8

25  Subsections 19(1), 23(1) and (2), 24(4), 25(1), (2) and (6) and 27(1) and (2)

Division 3—Other consequential amendments

26  Section 3 (definition of Skills Australia)

Repeal the definition.

27  Part 2 (heading)

Repeal the heading, substitute:

Part 2—Establishment and functions of the Australian Workforce and Productivity Agency

28  Subsection 6(4)

Omit “Skills Australia” (first occurring), substitute “The Australian Workforce and Productivity Agency”.

29  Paragraph 6(4)(b)

Omit “Skills Australia”, substitute “the Agency”.

30  Section 7 (heading)

Repeal the heading, substitute:

7  Minister may give directions to the Australian Workforce and Productivity Agency

31  Part 3 (heading)

Repeal the heading, substitute:

Part 3—Constitution and membership of the Australian Workforce and Productivity Agency

32  Section 15 (heading)

Repeal the heading, substitute:

15  Disclosure of interests to the Australian Workforce and Productivity Agency

33  Subsection 15(1)

Omit “Skills Australia” (first occurring), substitute “the Australian Workforce and Productivity Agency”.

34  Subsection 15(1)

Omit “Skills Australia” (second occurring), substitute “the Agency”.

35  Subsection 15(4)

Omit “Skills Australia” (first occurring), substitute “the Australian Workforce and Productivity Agency”.

36  Paragraphs 15(4)(a) and (b)

Omit “Skills Australia”, substitute “the Agency”.

37  Part 4 (heading)

Repeal the heading, substitute:

Part 4—Meetings of the Australian Workforce and Productivity Agency

38  Subsection 24(1)

Omit “Skills Australia” (first occurring), substitute “The Australian Workforce and Productivity Agency”.

39  Paragraph 24(1)(b)

Omit “Skills Australia”, substitute “the Agency”.

40  Section 26 (heading)

Repeal the heading, substitute:

26  Staff assisting the Australian Workforce and Productivity Agency

41  Subsection 27(1)

Omit “Skills Australia’s”, substitute “the Agency’s”.

Part 3—Transitional provisions

42  Termination of appointment of members

An appointment of a person as a member under section 9 of the Skills Australia Act 2008 that is in force immediately before the commencement of this item is, by force of this item, terminated on that commencement.

43  Committees cease to exist

A committee established under section 25 of the Skills Australia Act 2008 and in existence immediately before the commencement of this item ceases, by force of this item, to exist after that commencement.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 22 March 2012

Senate on 18 June 2012]

(15/12)

 

Overview

The Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012, enacted by the Parliament of Australia, was introduced to address the need for a more focused approach on enhancing workforce skills and productivity. This legislation amends the Skills Australia Act 2008 to better align with the government's strategic objectives in workforce development and productivity. The Act replaces the term "Skills Australia" with "the Australian Workforce and Productivity Agency" across the Act and makes consequential amendments to reflect the new name and expanded functions, including a broader mandate to assess research and improve workforce productivity, as well as manage Commonwealth funding for these purposes. The policy objective of this amendment is to streamline and enhance the capabilities of the agency in delivering its core functions more effectively.

Scope and Application

The Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012 amends the Skills Australia Act 2008 by changing the name of Skills Australia to the Australian Workforce and Productivity Agency. The Act applies to the entity formerly known as Skills Australia, now continuing as the Australian Workforce and Productivity Agency, and encompasses its functions and operations. The geographic reach of this Act is national, as it pertains to the operations of a federal body within Australia. The Act does not explicitly state any exclusions, exemptions, or thresholds but implies its application through the various sections that detail the functions, structure, and operational changes of the Agency. The Act also provides for consequential amendments to ensure consistency throughout the Skills Australia Act 2008 in light of the name change. The Act commences on 1 July 2012, with specific transitional provisions addressing the termination of existing appointments and committees under the former Skills Australia entity.

Key Provisions

The Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012 amends the Skills Australia Act 2008 by renaming Skills Australia as the Australian Workforce and Productivity Agency (AWPA) and redefining its functions and objectives. Section 1 of the Act changes the title from "Skills Australia" to "Australian Workforce and Productivity Agency" (section 1). Section 3 defines the term "Australian Workforce and Productivity Agency" to mean the body continued in existence by section 5 of the Act (section 3). The Act also updates the object of the original Act to include the allocation of Commonwealth funding and improving the productivity of the Australian workforce (section 4). The Act further modifies section 6 to expand the functions of the AWPA to include assessing research related to workforce productivity and analysing funding for workforce development, productivity, and funding allocation (section 6). Additionally, section 9 is revised to mandate that the Minister ensure AWPA members collectively possess experience in various areas, such as academia, education or training provision, economics, industry, and employee representation (section 9). The Act imposes several obligations on the Australian Workforce and Productivity Agency (AWPA). These include the responsibility to assess research and analyse funding related to workforce development, productivity, and funding allocation (section 6). The members of the AWPA must collectively have experience in various fields such as academia, education or training, economics, industry, and employee representation (section 9). Furthermore, the Act mandates the AWPA to provide reports and recommendations to the Minister on matters related to workforce development and productivity (section 7). The Act also outlines the requirement for members to disclose any interests that could conflict with their duties (section 15). The Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, given the nature of the amendments and the obligations placed upon the AWPA, breaches of statutory duties or conflicts of interest could potentially lead to legal consequences under general principles of administrative law or specific provisions within other related Acts. These could include actions for misfeasance in public office, disciplinary actions, or other remedies available under Australian law. It is important for the AWPA and its members to adhere to these obligations to avoid any legal repercussions.

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Commencement Provisions
Repeal & Amendment
Transitional Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.