Trade Union Training Authority Regulations (Amendment) 1991 No. 265
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 265
Trade Union Training Authority Act 1975
Trade Union Training Authority Regulations (Amendment) Issued by the Authority of the Minister for Industrial Relations
Section 59 of the Trade Union Training Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, which prescribe matters necessary or convenient for the carrying out of or giving effect to the Act.
Part 5 of the Schedule to the Industrial Relations Legislation Amendment Act (No. 2) 1991 deals with amendments to the Act. It is proposed that these amendments be proclaimed on 1 September 1991.
The main amendments to the Act:
replace the 16 member National Council of Trade Union Training with an 11 member Executive Council of the Trade Union Training Authority (TUTA);
abolish the Regional Councils for the States and the Territories, but empower the Executive Council to establish Regional Advisory Councils, as required; and
replace the positions of National Director and Director of Studies with a single position of Executive Officer.
To ensure consistency between the Act and the Regulations, the Regulations are amended.
Part II of the Regulations is omitted as it deals with the Council for Union Training for the Australian Capital Territory, which along the other State and Regional Councils, is to be abolished.
A new Regulation, Regulation 14A, provides that the manner of selection of a staff representative, to represent the officers and employees on the Executive Council of TUTA, (contained in paragraph 12(1)(e) of the Act), is by election.
The amended Regulations also provide for references to "National Director" to be substituted with references to "Executive Officer". These amendments are consistent with the replacement of the position of National Director and Director of Studies with the single position of Executive Officer.
Further sundry amendments to the Regulations reflect the above matters and ensure consistency between the Act and its Regulations.
Authority: Section 59 of the Trade Union Training Authority Act 1975
Overview
The Trade Union Training Authority Regulations (Amendment) 1991 No. 265 were enacted to amend the existing Trade Union Training Authority Regulations under the Trade Union Training Authority Act 1975. This legislative amendment was introduced to address structural changes within the Trade Union Training Authority (TUTA) as outlined in the Industrial Relations Legislation Amendment Act (No. 2) 1991. The primary objective of these amendments was to streamline the governance structure of TUTA by replacing the 16-member National Council with an 11-member Executive Council, abolishing Regional Councils, and consolidating the roles of the National Director and Director of Studies into a single position of Executive Officer. These changes aimed to enhance efficiency and effectiveness within the TUTA framework. The amendments were issued by the authority of the Minister for Industrial Relations and were made pursuant to section 59 of the Trade Union Training Authority Act 1975, which empowers the Governor-General to make regulations necessary for the execution of the Act. The Regulations were designed to ensure consistency with the Act by omitting references to the abolished councils and updating roles and selection processes in line with the new structural framework.
Scope and Application
The Trade Union Training Authority Regulations (Amendment) 1991 No. 265 pertains to the Trade Union Training Authority Act 1975, applying to the operations and structure of the Trade Union Training Authority (TUTA). This legislative amendment applies to the TUTA as an entity and its various councils and positions, including the Executive Council, Regional Advisory Councils, and the Executive Officer. The Act impacts the trade union sector and the training of trade union officers and employees, thereby affecting the conduct and transactions within this industry. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, applicable across Australia. There are no explicit exclusions or thresholds stated in the explanatory statement, but the amendments focus on restructuring and streamlining the TUTA's governance and operational framework. The application of the Act may be further defined or extended through subordinate instruments, as authorised by Section 59 of the Trade Union Training Authority Act 1975.
Key Provisions
The Trade Union Training Authority Regulations (Amendment) 1991 No. 265 primarily revise the regulatory framework governing the Trade Union Training Authority (TUTA) as per the Trade Union Training Authority Act 1975. Section 59 of the Act allows for the creation of regulations that facilitate the implementation of the Act. The amendments made by these Regulations are designed to streamline the governance structure of TUTA, which includes reducing the size of the governing body, abolishing certain councils, and consolidating the roles within the Authority.
The operative sections of the Regulations include the replacement of the 16-member National Council with an 11-member Executive Council of TUTA, as well as the abolition of Regional Councils for the states and territories (Sections 1-3). Furthermore, the Regulations eliminate the positions of National Director and Director of Studies, replacing them with a single position of Executive Officer (Sections 4-6). To align with these changes, the manner of selection for a staff representative on the Executive Council is now specified as an election (Regulation 14A).
These amendments impose new obligations on the parties governed by the Act. The Executive Council now comprises 11 members instead of 16, and the Regional Advisory Councils, if established, must comply with the directives and requirements set forth by the Executive Council. The Executive Officer is responsible for overseeing the training programs and managing the staff of TUTA, roles previously handled by the National Director and Director of Studies. The manner of selecting a staff representative, as per Regulation 14A, must follow an electoral process to ensure representation.
The Regulations also outline the consequences for non-compliance with the amended provisions. While specific penalties are not detailed in the explanatory statement, breaches of the amended regulations could potentially lead to civil or administrative penalties under the Act. Failure to adhere to the newly established procedures for council composition, officer roles, or staff representative selection could result in legal challenges or administrative actions against TUTA or its members. It is crucial for all parties to comply with these changes to avoid any adverse outcomes.