Education Legislation Amendment (TAFE and University ...FILE/15-069a.docx · Web viewPage. Endnotes. Education Legislation Amendment (TAFE and University Governance Reform) Act

Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

No. 69 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 23 Principal Act 2

Part 2—Amendment of the Education and Training Reform Act 2006 3

4 TAFE institute and boards 35 Board directorship 36 New section 3.1.16A inserted 47 Section 3.1.18 substituted—Removal of directors 58 New section 6.1.40 inserted 69 Schedule 2—Terms and conditions of appointment of

members 9

Part 3—Other amendments to the Education and Training Reform Act 2006 10

10 New section 3.1.12E inserted 1011 Accountability of TAFE institute boards 1012 Strategic plans 1013 Minister may object to appointment of chief executive officer 1014 Authorised officers 11

Part 4—Amendment of university Acts 12

Division 1—Deakin University Act 2009 12

15 Definitions 1216 Council membership 1217 New section 11A inserted 1318 Specific subject matter for university statutes and university

regulations 1419 Orders in Council 1520 Repeal of section 76—Constitution of Council 1521 Members of Council 1522 New Division 4 of Part 8 inserted 1523 Terms and conditions of office of Council members 17

1

24 Members eligible for reappointment 1725 Filling of vacancies on retirement 1726 New clauses 6 and 7 inserted in Schedule 1 1827 Filling of casual vacancies generally 1928 Chairperson 2029 Validation of acts or decisions despite vacancy or

disqualification 2030 Statute law revision amendments 20

Division 2—Federation University Australia Act 2010 21


regulations 2435 Orders in Council 2436 Repeal of section 76—Constitution of Council 2437 Members of Council 2538 New Division 5 of Part 8 inserted 2539 Terms and conditions of office of Council members 2640 Members eligible for reappointment 2741 Filling of vacancies on retirement 2742 New clauses 6 and 7 inserted in Schedule 1 2743 Filling of casual vacancies generally 2844 Chairperson 2945 Validation of acts or decisions despite vacancy or

disqualification 29

Division 3—La Trobe University Act 2009 30


regulations 3350 Orders in Council 3351 Repeal of section 76—Constitution of Council 3352 Members of Council 3353 New Division 4 of Part 8 inserted 3454 Terms and conditions of office of Council members 3555 Members eligible for reappointment 3656 Filling of vacancies on retirement 3657 New clauses 6 and 7 inserted in the Schedule 3658 Filling of casual vacancies generally 3759 Chairperson 3860 Validation of acts or decisions despite vacancy or

disqualification 3861 Statute law revision amendment 38

Division 4—Monash University Act 2009 38



disqualification 47

Division 5—Royal Melbourne Institute of Technology Act 2010 47



disqualification 56

Division 6—Swinburne University of Technology Act 2010 56


regulations 5996 Orders in Council 6097 Repeal of section 76—Constitution of Council 60

98 Members of Council 6099 New Division 4 of Part 8 inserted 60100 Terms and conditions of office of Council members 61101 Members eligible for reappointment 62102 Filling of vacancies on retirement 62103 New clauses 6 and 7 inserted in Schedule 1 62104 Filling of casual vacancies generally 63105 Chairperson 64106 Validation of acts or decisions despite vacancy or

disqualification 65

Division 7—University of Melbourne Act 2009 65



disqualification 73

Division 8—Victoria University Act 2010 73


regulations 76126 Orders in Council 77127 Repeal of section 76—Constitution of Council 77128 Members of Council 77129 New Division 4 of Part 8 inserted 77130 Terms and conditions of office of Council members 78131 Members eligible for reappointment 79132 Filling of vacancies on retirement 79133 New clauses 6 and 7 inserted in Schedule 1 79134 Filling of casual vacancies generally 80135 Chairperson 81

136 Validation of acts or decisions despite vacancy or disqualification 82

Part 5—Repeal of amending Act 83

137 Repeal of amending Act 83═══════════════

Endnotes 84

1 General information 84

Education Legislation Amendment (TAFE and University Governance

Reform) Act 2015†

No. 69 of 2015

[Assented to 15 December 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The purposes of this Act are—

(a) to amend the Education and Training Reform Act 2006 in relation to the constitution of boards of TAFE institutes; and

Victoria

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(b) to amend various university Acts in relation to the constitution of councils of universities; and

(c) to make related consequential amendments and other miscellaneous amendments to those Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2016, it comes into operation on that day.

3 Principal Act

In Parts 2 and 3 of this Act, the Education and Training Reform Act 2006 is called the Principal Act.

Section Page

2

Part 2—Amendment of the Education and Training Reform Act 2006

4 TAFE institute and boards

(1) After section 3.1.11(2)(f) of the Principal Act insert—

"(fa) make provision for—

(i) the conduct of elections of members of staff of a TAFE institute including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution; and

(ii) the training and support of elected directors of the board of a TAFE institute; or".

(2) In section 3.1.11(3) of the Principal Act, for "subsection (2)(f), (g)" substitute "subsection (2)(f), (fa), (g)".

5 Board directorship

(1) For section 3.1.16(1) of the Principal Act substitute—

"(1) An Order in Council or Ministerial Order made under section 3.1.11 must provide for a board of a TAFE institute consisting of not less than 10 and not more than 15 directors of whom—

(a) at least half must be appointed by the Minister; and

(b) a minimum of one director or any other greater fixed number of directors must be a staff member or members of the institute elected by staff of the institute; and

Part 5—Repeal of amending Act


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(c) one must be the chief executive officer of the institute; and

(d) the remaining directors must be appointed by the board by co-option.

(1A) In subsection (1)(b), a reference to a fixed number of directors is a reference to the number of directors to be elected by the staff of the TAFE institute fixed by the Order in Council or Ministerial Order made under section 3.1.11.".

(2) In section 3.1.16(2) of the Principal Act, for ", or advising about persons for appointment as directors to a board, the Minister and the directors" substitute "the Minister and the board".

(3) For section 3.1.16(3) of the Principal Act substitute—

"(3) A person who is a member of Parliament must not be appointed or elected as a director of the board.".

6 New section 3.1.16A inserted

After section 3.1.16 of the Principal Act insert—

"3.1.16A Chairperson of board—appointment and removal

(1) The board must elect and appoint a director of the board (other than an elected director or the chief executive officer) as the chairperson of the board in accordance with this section.

(2) Before appointing a director as chairperson of the board, the board must notify the Minister in writing of the proposal to make the appointment.



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(3) The Minister may, within 20 days after receiving the notification and after considering the board's proposal, give to the board written notice of the Minister's objection to the proposed appointment.

(4) The board must not appoint a director as chairperson of the board if the Minister has objected to the appointment under subsection (3).

(5) The board may suspend or remove the chairperson from office at any time.

(6) The Minister may suspend or remove a chairperson from office if the Minister is satisfied that exceptional circumstances exist.".

7 Section 3.1.18 substituted—Removal of directors

For section 3.1.18 of the Principal Act substitute—

"3.1.18 Removal of directors

(1) The Minister may suspend or remove a director appointed by the Minister at any time.

(2) If the board believes that an elected director or a director co-opted by the board has contravened a code of conduct that is applicable to the director or a duty or obligation otherwise imposed on the director by or under this Act, the board may—

(a) suspend the director from office for a period not exceeding one month; or

(b) remove the director from office.

(3) A suspension imposed under subsection (2)(a) cannot be extended or renewed.



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(4) A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless the director is removed from office within that period.

(5) In exercising a power conferred by subsection (2) to remove a director from office, the board must do so by notice in writing delivered to the director that—

(a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and

(b) informs the director that at any time prior to the removal taking effect the director may submit to the board reasons as to why the director should not be removed from office.

(6) If the board exercises a power conferred by subsection (2) to remove a director from office, the board may revoke the notice of removal, by notice in writing delivered to the director, at any time before it takes effect.".

8 New section 6.1.40 inserted

At the end of Chapter 6 of the Principal Act insert—

"6.1.40 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

(1) Despite the commencement of Part 2 of the amending Act—

(a) an Order in Council made under section 3.1.11 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under



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section 3.1.11 in accordance with subsection (2); and

(b) the board of a TAFE institute is taken to be the same body on and after the commencement day despite the changes to its constitution made by Part 2 of the amending Act and no decision, matter or thing is to be affected by the changes to the constitution of that board made by Part 2 of the amending Act; and

(c) a person who on the day immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b) continues to hold office as a director of that board on the same terms and conditions as those on which the person held office immediately before the commencement day, subject to this Act and the relevant Order in Council continued under paragraph (a), until the commencement of the Order in Council that is remade in accordance with subsection (2); and

(d) sections 3.1.16 and 3.1.18 apply to a board of a TAFE institute referred to in paragraph (b) and a director referred to in paragraph (c) as if those sections had not been amended by Part 2 of the amending Act.

(2) The Minister must ensure that within 6 months after the commencement day, or within any further period or periods fixed by the Minister in respect of the board of a TAFE institute, every Order in Council relating to the board of a TAFE institute



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continued in operation under subsection (1)(a) is reviewed and remade under section 3.1.11.

(3) The Minister must cause a notice to be published in the Government Gazette of any further period fixed by the Minister under subsection (2).

(4) On and after the commencement of an Order in Council relating to the board of a TAFE institute that is remade under section 3.1.11 in accordance with subsection (2)—

(a) the board of that TAFE institute existing immediately before the commencement day is abolished and its directors go out of office; and

(b) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is appointed by the Minister as a director of the incoming board of that TAFE institute, that person is taken to be the interim chairperson of the incoming board of that TAFE institute; and

(c) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is not appointed by the Minister as a director of the incoming board of that TAFE institute, the Minister must appoint a director of the incoming board of that TAFE institute as the interim chairperson of the incoming board.



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(5) The term of office of an interim chairperson who is taken to be appointed under subsection (4)(b) or who is appointed by the Minister under subsection (4)(c) ends on the earlier of the following—

(a) 2 months after the term of office begins; or

(b) when a chairperson of the incoming board is elected and appointed in accordance with section 3.1.16A.

(6) In this section—

amending Act means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015;

commencement day means the day on which Part 2 of the amending Act comes into operation.".

9 Schedule 2—Terms and conditions of appointment of members

After clause 2(1) of Schedule 2 to the Principal Act insert—

"(2) An elected member holds office for up to 3 years and is eligible to stand for re-election except as provided in any Order establishing the authority.".



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Part 3—Other amendments to the Education and Training Reform Act 2006

10 New section 3.1.12E inserted

After section 3.1.12D of the Principal Act insert—

"3.1.12E TAFE institute to keep books and accounts

(1) A TAFE institute must establish and keep full and complete books and accounts of all money received and paid by the TAFE institute and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs.

(2) The books and accounts referred to in subsection (1) must be kept in the form and manner approved by the Auditor-General.".

11 Accountability of TAFE institute boards

Section 3.1.15(3) and (4) of the Principal Act are repealed.

12 Strategic plans

After section 3.1.18A(3) of the Principal Act insert—

"(3A) If the Minister refuses to accept a strategic plan under subsection (3)(c), the board of the TAFE institute must, at the time or times determined by the Minister, amend and resubmit the strategic plan to the Minister for acceptance.".

13 Minister may object to appointment of chief executive officer



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In section 3.1.24(2) of the Principal Act, for "10 days" substitute "15 days".

14 Authorised officers

In section 5.8.1(1)(b) of the Principal Act omit "the board of".



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Part 4—Amendment of university Acts

Division 1—Deakin University Act 200915 Definitions

In section 3 of the Deakin University Act 2009 insert the following definition—

"elected member means a member of the Council referred to in section 11(4A);".

16 Council membership

(1) For section 11(1) of the Deakin University Act 2009 substitute—

"(1) The Council consists of the fixed number of members being—

(a) the official members; and

(b) a fixed number of at least 4 government appointed members; and

(c) a minimum of one or any other greater fixed number of Council appointed members; and

(d) the elected members.".

(2) After section 11(4) of the Deakin University Act 2009 insert—

"(4A) The elected members are—

(a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and

(b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.".



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(3) After section 11(5) of the Deakin University Act 2009 insert—

"(5A) Of the members referred to in subsection (1)(b) and (c)—

(a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and

(b) one must be a person with commercial expertise at a senior level.".

(4) In the note at the foot of section 11 of the Deakin University Act 2009, for "76" substitute "11A".

17 New section 11A inserted

After section 11 of the Deakin University Act 2009 insert—

"11A Council membership pending Order under section 63

(1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being—


(b) at least 4 government appointed members; and

(c) at least 4 Council appointed members; and

(d) the elected members.

(2) The official members of the Council are—

(a) the Chancellor; and

(b) the Vice-Chancellor; and



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(c) the president (however designated) of the academic board or its equivalent.

(3) The government appointed members are—

(a) at least 3 persons appointed by the Governor in Council under section 12(1); and

(b) one person appointed by the Minister under section 12(2).

(4) The Council appointed members are the persons appointed by the Council under section 13.

(5) The number of government appointed members must be equal to or greater than the number of Council appointed members.

(6) Of the members referred to in subsection (1)(b) and (c)—



18 Specific subject matter for university statutes and university regulations

In section 29(1) of the Deakin University Act 2009—

(a) for paragraph (u) substitute—

"(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;";

(b) after paragraph (u) insert—



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"(ua) the elected members of the Council including—

(i) fixing the number of each category of elected member; and

(ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i);

(ub) training and support of the members of the Council;".

19 Orders in Council

In section 63(1)(a) of the Deakin University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members".

20 Repeal of section 76—Constitution of Council

Section 76 of the Deakin University Act 2009 is repealed.

21 Members of Council

Section 78(2) of the Deakin University Act 2009 is repealed.

22 New Division 4 of Part 8 inserted

After Division 3 of Part 8 of the Deakin University Act 2009 insert—

"Division 4—Further transitional provisions

79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

(1) Despite the commencement of Part 4 of the amending Act, the Council is not required to



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include elected members until 6 months after the commencement day.

(2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day.


(a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and

(b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2).

(4) On and from the commencement day—

(a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and

(b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office.


amending Act means the Education Legislation Amendment (TAFE and



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University Governance Reform) Act 2015;


23 Terms and conditions of office of Council members

In clause 1(1) of Schedule 1 to the Deakin University Act 2009—

(a) in paragraph (b), for "effect." substitute "effect;";

(b) after paragraph (b) insert—

"(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations;

(d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.".

24 Members eligible for reappointment

In clause 2(1) of Schedule 1 to the Deakin University Act 2009, after "re-appointed" insert "or re-elected".

25 Filling of vacancies on retirement

In clause 5 of Schedule 1 to the Deakin University Act 2009, after "appointment" insert "or election".



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26 New clauses 6 and 7 inserted in Schedule 1

After clause 5 of Schedule 1 to the Deakin University Act 2009 insert—

"6 Conduct of elections

Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations.

7 Elected member vacancies taken to be casual vacancies

(1) This clause applies if—

(a) at any election for elected members of the Council—

(i) no vacancies are filled; or

(ii) a number of vacancies less than the whole number which should have been filled is filled; or

(b) an election for elected members of the Council to fill vacancies should have been held but is not held.

(2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies.

(3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.".



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27 Filling of casual vacancies generally

(1) For clause 8(1) of Schedule 1 to the Deakin University Act 2009 substitute—

"(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.".


"(2) A person who is to be elected or appointed as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.".


"(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.".

(4) In clause 8(4) of Schedule 1 to the Deakin University Act 2009, for "appointed" substitute "elected or appointed".


"(5) Despite subclause (4), it is not obligatory to fill a casual vacancy for the remainder of the term if—

(a) in the case of a government appointed member or a Council appointed



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member, the vacancy occurs within 3 months before the expiry of the term of office;

(b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.".

28 Chairperson

In clause 10(b) of Schedule 1 to the Deakin University Act 2009, after "elect a" insert "government appointed member or Council appointed member as".

29 Validation of acts or decisions despite vacancy or disqualification

(1) In clause 16(1) of Schedule 1 to the Deakin University Act 2009—

(a) in paragraph (a), after "appointment" insert "or election";

(b) in paragraph (b), after "appoint" insert "or elect".

(2) In clause 16(2) of Schedule 1 to the Deakin University Act 2009, after "appointment" (wherever occurring) insert "or election".

30 Statute law revision amendments

(1) In section 3 of the Deakin University Act 2009, in paragraph (a) of the definition of student, for "university" substitute "University".

(2) In section 32(1) of the Deakin University Act 2009, for "commenced date" substitute "commencement day".



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Division 2—Federation University Australia Act 2010

31 Definitions

In section 3 of the Federation University Australia Act 2010 insert the following definition—



(1) For section 11(1) of the Federation University Australia Act 2010 substitute—






(2) After section 11(4) of the Federation University Australia Act 2010 insert—





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(3) After section 11(5) of the Federation University Australia Act 2010 insert—




(4) In the note at the foot of section 11 of the Federation University Australia Act 2010, for "76" substitute "11A".


After section 11 of the Federation University Australia Act 2010 insert—









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In section 29(1) of the Federation University Australia Act 2010—









In section 63(1)(a) of the Federation University Australia Act 2010, for "a category of member" substitute "government appointed members and Council appointed members".




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Section 76 of the Federation University Australia Act 2010 is repealed.


Section 78(2) of the Federation University Australia Act 2010 is repealed.


After Division 4 of Part 8 of the Federation University Australia Act 2010 insert—



(1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day.







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In clause 1(1) of Schedule 1 to the Federation University Australia Act 2010—






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In clause 2(1) of Schedule 1 to the Federation University Australia Act 2010, after "re-appointed" insert "or re-elected".


In clause 5 of Schedule 1 to the Federation University Australia Act 2010, after "appointment" insert "or election".


After clause 5 of Schedule 1 to the Federation University Australia Act 2010 insert—










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(1) For clause 8(1) of Schedule 1 to the Federation University Australia Act 2010 substitute—








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(4) In clause 8(4) of Schedule 1 to the Federation University Australia Act 2010, for "appointed" substitute "elected or appointed".



(a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office;


44 Chairperson

In clause 10(b) of Schedule 1 to the Federation University Australia Act 2010, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of Schedule 1 to the Federation University Australia Act 2010—





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(2) In clause 16(2) of Schedule 1 to the Federation University Australia Act 2010, after "appointment" (wherever occurring) insert "or election".

Division 3—La Trobe University Act 200946 Definitions

In section 3 of the La Trobe University Act 2009 insert the following definition—



(1) For section 11(1) of the La Trobe University Act 2009 substitute—






(2) After section 11(4) of the La Trobe University Act 2009 insert—





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(3) After section 11(5) of the La Trobe University Act 2009 insert—




(4) In the note at the foot of section 11 of the La Trobe University Act 2009, for "76" substitute "11A".


After section 11 of the La Trobe University Act 2009 insert—








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In section 29(1) of the La Trobe University Act 2009—









In section 63(1)(a) of the La Trobe University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members".



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Section 76 of the La Trobe University Act 2009 is repealed.


Section 78(2) of the La Trobe University Act 2009 is repealed.


After Division 3 of Part 8 of the La Trobe University Act 2009 insert—











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In clause 1(1) of the Schedule to the La Trobe University Act 2009—






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In clause 2(1) of the Schedule to the La Trobe University Act 2009, after "re-appointed" insert "or re-elected".


In clause 5 of the Schedule to the La Trobe University Act 2009, after "appointment" insert "or election".

57 New clauses 6 and 7 inserted in the Schedule

After clause 5 of the Schedule to the La Trobe University Act 2009 insert—










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(1) For clause 8(1) of the Schedule to the La Trobe University Act 2009 substitute—








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(4) In clause 8(4) of the Schedule to the La Trobe University Act 2009, for "appointed" substitute "elected or appointed".





59 Chairperson

In clause 10(b) of the Schedule to the La Trobe University Act 2009, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of the Schedule to the La Trobe University Act 2009—



(2) In clause 16(2) of the Schedule to the La Trobe University Act 2009, after "appointment" (wherever occurring) insert "or election".

61 Statute law revision amendment



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In section 5(f) of the La Trobe University Act 2009, for "Straight" (where twice occurring) substitute "Strait".

Division 4—Monash University Act 200962 Definitions

In section 3 of the Monash University Act 2009 insert the following definition—



(1) For section 11(1) of the Monash University Act 2009 substitute—






(2) After section 11(4) of the Monash University Act 2009 insert—






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(3) After section 11(5) of the Monash University Act 2009 insert—




(4) In the note at the foot of section 11 of the Monash University Act 2009, for "77" substitute "11A".


After section 11 of the Monash University Act 2009 insert—













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In section 29(1) of the Monash University Act 2009—

(a) for paragraph (t) substitute—

"(t) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;";

(b) after paragraph (t) insert—

"(ta) the elected members of the Council including—



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(tb) training and support of the members of the Council;".


In section 63(1)(a) of the Monash University Act 2009, for "a category of member" substitute "government appointed members and Council appointed members".


Section 77 of the Monash University Act 2009 is repealed.


Section 79(2) of the Monash University Act 2009 is repealed.


After Division 3 of Part 8 of the Monash University Act 2009 insert—






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amending Act means the Education Legislation Amendment (TAFE and



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University Governance Reform) Act 2015;



In clause 1(1) of Schedule 1 to the Monash University Act 2009—






In clause 2(1) of Schedule 1 to the Monash University Act 2009, after "re-appointed" insert "or re-elected".


In clause 5 of Schedule 1 to the Monash University Act 2009, after "appointment" insert "or election".



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After clause 5 of Schedule 1 to the Monash University Act 2009 insert—










(3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office



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as if elected at an election referred to in that subclause.".


(1) For clause 8(1) of Schedule 1 to the Monash University Act 2009 substitute—






(4) In clause 8(4) of Schedule 1 to the Monash University Act 2009, for "appointed" substitute "elected or appointed".




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75 Chairperson

In clause 10(b) of Schedule 1 to the Monash University Act 2009, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of Schedule 1 to the Monash University Act 2009—



(2) In clause 16(2) of Schedule 1 to the Monash University Act 2009, after "appointment" (wherever occurring) insert "or election".

Division 5—Royal Melbourne Institute of Technology Act 2010

77 Definitions



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In section 3 of the Royal Melbourne Institute of Technology Act 2010 insert the following definition—



(1) For section 11(1) of the Royal Melbourne Institute of Technology Act 2010 substitute—






(2) After section 11(4) of the Royal Melbourne Institute of Technology Act 2010 insert—






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(3) After section 11(5) of the Royal Melbourne Institute of Technology Act 2010 insert—




(4) In the note at the foot of section 11 of the Royal Melbourne Institute of Technology Act 2010, for "76" substitute "11A".


After section 11 of the Royal Melbourne Institute of Technology Act 2010 insert—












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In section 29(1) of the Royal Melbourne Institute of Technology Act 2010—


"(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and



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candidate eligibility and dispute resolution;";







In section 63(1)(a) of the Royal Melbourne Institute of Technology Act 2010, for "a category of member" substitute "government appointed members and Council appointed members".


Section 76 of the Royal Melbourne Institute of Technology Act 2010 is repealed.


Section 78(2) of the Royal Melbourne Institute of Technology Act 2010 is repealed.


After Division 3 of Part 8 of the Royal Melbourne Institute of Technology Act 2010 insert—




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(b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the



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remainder of their current terms of office.





In clause 1(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010—






In clause 2(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010,



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after "re-appointed" insert "or re-elected".


In clause 5 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "appointment" insert "or election".


After clause 5 of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 insert—








(b) an election for elected members of the Council to fill vacancies should have



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been held but is not held.




(1) For clause 8(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010 substitute—





"(3) Subject to clause 9, the election or appointment must be made by the person or



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body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.".

(4) In clause 8(4) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, for "appointed" substitute "elected or appointed".





90 Chairperson

In clause 10(b) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010—




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(2) In clause 16(2) of Schedule 1 to the Royal Melbourne Institute of Technology Act 2010, after "appointment" (wherever occurring) insert "or election".

Division 6—Swinburne University of Technology Act 2010

92 Definitions

In section 3 of the Swinburne University of Technology Act 2010 insert the following definition—



(1) For section 11(1) of the Swinburne University of Technology Act 2010 substitute—






(2) After section 11(4) of the Swinburne University of Technology Act 2010 insert—


(a) one or more persons elected by and from the staff of the University in



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accordance with the university statutes and any university regulations; and


(3) After section 11(5) of the Swinburne University of Technology Act 2010 insert—




(4) In the note at the foot of section 11 of the Swinburne University of Technology Act 2010, for "76" substitute "11A".


After section 11 of the Swinburne University of Technology Act 2010 insert—








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In section 29(1) of the Swinburne University of Technology Act 2010—




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In section 63(1)(a) of the Swinburne University of Technology Act 2010, for "a category of member" substitute "government appointed members and Council appointed members".


Section 76 of the Swinburne University of Technology Act 2010 is repealed.


Section 78(2) of the Swinburne University of Technology Act 2010 is repealed.


After Division 3 of Part 8 of the Swinburne University of Technology Act 2010 insert—



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(b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately



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before the commencement day for the remainder of their current terms of office.





In clause 1(1) of Schedule 1 to the Swinburne University of Technology Act 2010—






In clause 2(1) of Schedule 1 to the Swinburne University of Technology Act 2010, after "re-appointed" insert "or re-elected".



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In clause 5 of Schedule 1 to the Swinburne University of Technology Act 2010, after "appointment" insert "or election".


After clause 5 of Schedule 1 to the Swinburne University of Technology Act 2010 insert—










(3) A member of Council eventually elected to fill a casual vacancy referred to in



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subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.".


(1) For clause 8(1) of Schedule 1 to the Swinburne University of Technology Act 2010 substitute—






(4) In clause 8(4) of Schedule 1 to the Swinburne University of Technology Act 2010, for "appointed" substitute "elected or appointed".





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105 Chairperson

In clause 10(b) of Schedule 1 to the Swinburne University of Technology Act 2010, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of Schedule 1 to the Swinburne University of Technology Act 2010—



(2) In clause 16(2) of Schedule 1 to the Swinburne University of Technology Act 2010, after "appointment" (wherever occurring) insert "or election".

Division 7—University of Melbourne Act 2009107 Definitions



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In section 3 of the University of Melbourne Act 2009 insert the following definition—



(1) For section 11(1) of the University of Melbourne Act 2009 substitute—






(2) After section 11(4) of the University of Melbourne Act 2009 of the University of Melbourne Act 2009 insert—




(3) After section 11(5) of the University of Melbourne Act 2009 insert—




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(4) In the note at the foot of section 11 of the University of Melbourne Act 2009, for "80" substitute "11A".


After section 11 of the University of Melbourne Act 2009 insert—












(a) at least 3 persons appointed by the Governor in Council under



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section 12(1); and








In section 29(1) of the University of Melbourne Act 2009—








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In section 63(1)(a) of the University of Melbourne Act 2009, for "a category of member" substitute "government appointed members and Council appointed members".


Section 80 of the University of Melbourne Act 2009 is repealed.


Section 82(2) of the University of Melbourne Act 2009 is repealed.


After Division 4 of Part 8 of the University of Melbourne Act 2009 insert—




(2) The University must ensure that elections are held to elect the required number of elected



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members within 6 months after the commencement day.












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In clause 1(1) of Schedule 1 to the University of Melbourne Act 2009—






In clause 2(1) of Schedule 1 to the University of Melbourne Act 2009, after "re-appointed" insert "or re-elected".


In clause 5 of Schedule 1 to the University of Melbourne Act 2009, after "appointment" insert "or election".


After clause 5 of Schedule 1 to the University of Melbourne Act 2009 insert—


Elections of members of the Council are to be conducted in accordance with the



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requirements of this Act and the university statutes and any university regulations.










(1) For clause 8(1) of Schedule 1 to the University of Melbourne Act 2009 substitute—





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(4) In clause 8(4) of Schedule 1 to the University of Melbourne Act 2009, for "appointed" substitute "elected or appointed".





120 Chairperson

In clause 10(b) of Schedule 1 to the University of Melbourne Act 2009, after "elect a" insert "government appointed member or Council appointed member as".



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(1) In clause 16(1) of Schedule 1 to the University of Melbourne Act 2009—



(2) In clause 16(2) of Schedule 1 to the University of Melbourne Act 2009, after "appointment" (wherever occurring) insert "or election".

Division 8—Victoria University Act 2010122 Definitions

In section 3 of the Victoria University Act 2010 insert the following definition—



(1) For section 11(1) of the Victoria University Act 2010 substitute—








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(2) After section 11(4) of the Victoria University Act 2010 insert—




(3) After section 11(5) of the Victoria University Act 2010 insert—




(4) In the note at the foot of section 11 of the Victoria University Act 2010, for "76" substitute "11A".


After section 11 of the Victoria University Act 2010 insert—






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76

In section 29(1) of the Victoria University Act 2010—









In section 63(1)(a) of the Victoria University Act 2010, for "a category of member" substitute "government appointed members and Council appointed members".


Section 76 of the Victoria University Act 2010 is repealed.


Section 78(2) of the Victoria University Act 2010 is repealed.




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After Division 3 of Part 8 of the Victoria University Act 2010 insert—










(b) the members of the Council in office immediately before the commencement



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day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office.





In clause 1(1) of Schedule 1 to the Victoria University Act 2010—








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In clause 2(1) of Schedule 1 to the Victoria University Act 2010, after "re-appointed" insert "or re-elected".


In clause 5 of Schedule 1 to the Victoria University Act 2010, after "appointment" insert "or election".


After clause 5 of Schedule 1 to the Victoria University Act 2010 insert—











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(1) For clause 8(1) of Schedule 1 to the Victoria University Act 2010 substitute—






(4) In clause 8(4) of Schedule 1 to the Victoria University Act 2010, for "appointed" substitute "elected or appointed".




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135 Chairperson

In clause 10(b) of Schedule 1 to the Victoria University Act 2010, after "elect a" insert "government appointed member or Council appointed member as".


(1) In clause 16(1) of Schedule 1 to the Victoria University Act 2010—



(2) In clause 16(2) of Schedule 1 to the Victoria University Act 2010, after "appointment" (wherever occurring) insert "or election".



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Part 5—Repeal of amending Act137 Repeal of amending Act

This Act is repealed on 1 September 2017.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 21 October 2015

Legislative Council: 26 November 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to the constitution of boards of TAFE institutes and to amend various university Acts in relation to the constitution of councils of universities and for other purposes."

Documents

Education Legislation Amendment (TAFE and University ...FILE/15-069a.docx · Web viewPage. Endnotes. Education Legislation Amendment (TAFE and University Governance Reform) Act