TAFE SA Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 9, page 8, line 24 [clause 9(3)]—After 'Governor' insert:

, of whom 1 must be a member of the staff of TAFE SA nominated by the Minister after consultation with the Australian Education Union (SA Branch) and the Public Service Association of SA and 1 must be a person nominated by the Minister after consultation with the United Trades and Labor Council (trading as SA Unions)

No. 2. Clause 9, page 8, after line 35—Insert:

(4a) Without limiting subsection (4), the Minister must, in nominating members for appointment, take reasonable steps to ensure that at least 1 member resides in a rural, regional or remote area of the State.

No. 3. New clause, page 15, after line 35—After clause 23 insert:

23A—Review of barring notice by Minister

(1) A person who is barred under section 23 for a period exceeding 1 month from TAFE SA grounds may apply to the Minister for a review of the barring notice.

(2) An application under this section must be made in a manner and form determined by the Minister.

(3) The Minister may, on the hearing of an application for a review of a barring notice, confirm, vary or revoke the notice.

(4) A barring notice continues to apply pending a determination by the Minister of an application for review of the notice.

No. 4. New clause, page 19, after line 32—After clause 33 insert:

34—Review of Act

(1) The Minister must cause a review of the operation of this Act relating to the matters referred to in subsection (2) to be conducted and a report on the review to be prepared and submitted to the Minister.

(2) The review must consider the changes made in relation to TAFE SA as a result of the enactment of this Act and may consider any other matter the Minister considers appropriate.

(3) The review and report must be completed as soon as reasonably practicable after the third anniversary of the commencement of this Act.

(4) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.

No. 5. Schedule 1, page 20, lines 27 to 29 [Schedule 1, clause 6(2)]—

Delete subclause (2) and substitute:

(2) Subject to this Act, a person holding office as a director under section 8 of the repealed Act immediately before the commencement of this clause will, on the commencement of this clause—

(a) continue to hold office as a director on the same conditions and for the remainder of their term of office; and

(b) be taken to have been appointed under section 9 of this Act.

(3) The following provisions apply in relation to a prescribed appointment of a director:

(a) the requirements relating to the nomination of members set out in section 9(4) and 9(5) of this Act will be taken not to apply in relation to the prescribed appointment;

(b) section 7(3) and (4) of the repealed Act will be taken to apply to the prescribed appointment as if that section had not been repealed;

(c) the prescribed appointment will be taken to be an appointment under section 9 of this Act,

(however, to avoid doubt, nothing in this subclause applies in relation to any subsequent appointment or reappointment of the person).

(4) In this clause—

prescribed appointment, of a director, means—

(a) the reappointment of a person holding office as a director under section 8 of the repealed Act immediately before the commencement of this clause (being a director whose term of office expires on 14 October 2026); or

(b) the appointment of a member before 14 October 2027 to fill a casual vacancy occurring in the office of a director,

and, to avoid doubt, includes the nomination of a person in respect of such an appointment.