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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-04-05 Daily Xml
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STATUTES AMENDMENT AND REPEAL (TAFE SA CONSEQUENTIAL PROVISIONS) BILL

Introduction and First Reading

The Hon. T.R. KENYON (Newland—Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for Recreation and Sport) (16:18): Obtained leave and introduced a bill for an act to amend the TAFE SA Act 2012; to amend certain provisions of the Technical and Further Education Act 1975 and relocate them in the TAFE SA Act 2012 and then to repeal the Technical and Further Education Act 1975; and to amend the Aboriginal Lands Trust Act 1966, the Education Act 1972, the Public Sector Act 2009, the SACE Board of South Australia Act 1983 and the Training and Skills Development Act 2008. Read a first time.

Second Reading

The Hon. T.R. KENYON (Newland—Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for Recreation and Sport) (16:19): I move:

That this bill be now read a second time.

This bill is a companion bill to the TAFE SA Bill 2012 that establishes TAFE SA as a statutory corporation. It is designed to come into operation immediately after that bill comes into operation. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

There are 3 main functions of this Bill.

The first function is to preserve the provisions of the Technical and Further Education Act 1975 that relate to the employment of officers under that Act by relocating them to the TAFE SA Act 2012. The provisions will be relocated in an amended form that ensures that those provisions, without substantive amendment, fit into the structure and mechanisms used in the TAFE SA Act 2012. The functions of the Minister with respect to technical and further education will be undertaken by the statutory corporation under that Act and so it is necessary to transfer the staff performing those functions to the statutory corporation and the provisions to that Act. The necessary amendments to those provisions are achieved in Schedule 1 to this Bill and include by way of example:

references to 'an officer' being replaced with references to 'prescribed employee';

reference to the 'employing authority' being replaced with references to the 'chief executive of TAFE SA' since the chief executive will be the employer of TAFE SA staff;

references to 'this Act' being replaced with references to 'this Schedule';

references to the 'Department' being replaced with references to 'TAFE SA'.

The second function of this Bill is to repeal the Technical and Further Education Act 1975 which will occur after the provisions have been relocated to the TAFE SA Act 2012.

The third function of this Bill is to make amendments required to other legislation as a consequence of TAFE SA becoming a statutory corporation. These are essentially minor changes that will replace obsolete terms and references to Acts. The Acts that will be amended include:

Aboriginal Lands Trust Act 1966;

Education Act 1972;

Public Sector Act 2009;

SACE Board of South Australia Act 1983;

Training and Skills Development Act 2008.

Schedule 2 of this Bill is for information purposes only and has been included to show what the new TAFE SA Act 2012 will look like after the relevant provisions of the Technical and Further Education Act 1975 (relating to employment terms and conditions) have been amended, relocated and redesignated. It shows Schedule 1 of the new TAFE SA Act 2012, which will list all the terms and conditions that will apply to prescribed employees (as defined in the Schedule) being the same terms and conditions that currently apply to officers employed under section 15 of the Technical and Further Education Act 1975. The Schedule will therefore not apply to the employment of other staff of TAFE SA who are not ‘prescribed employees’, including those currently employed:

under section 39AAB of the Technical and Further Education Act 1975, e.g. hourly paid instructors

under the Public Sector Act 2009 working in TAFE SA (excluding Corporate Services staff)

as weekly paid staff in TAFE SA Institutes.

The terms and conditions of these other categories of staff are preserved by the transitional arrangements in the TAFE SA Bill 2012.

As a companion Bill to the TAFE SA Bill 2012, this Bill ensures that the transition to the new TAFE SA statutory corporation is as comprehensive and seamless as possible.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of TAFE SA Act 2012

4—Redesignation of Schedule 1

This clause redesignates Schedule 1 of the TAFE SA Act 2012 as Schedule 3. Schedule 1 will deal with conditions of employment for prescribed employees, Schedule 2 will deal with interpretation of other Acts and instruments and Schedule 3 with transitional provisions.

Part 3—Relocation of certain provisions of Technical and Further Education Act 1975

5—Amendment, redesignation and relocation

This clause amends certain provisions of the Technical and Further Education Act 1975 as listed in Schedule 1, relocates certain provisions of the Technical and Further Education Act 1975 to the TAFE SA Act 2012 and redesignates those provisions within the TAFE SA Act 2012. The amendments are technical and not substantive.

Part 4—Repeal of Technical and Further Education Act 1975

6—Repeal

This clause repeals the Technical and Further Education Act 1975 immediately following the amendment, relocation and redesignation of provisions as referred to in Part 3.

Part 5—Amendment of Aboriginal Lands Trust Act 1966

7—Amendment of section 20A—Business Advisory Panel

This clause is consequential to the repeal of the Technical and Further Education Act 1975 and substitutes a reference to that Act with a reference to the Training and Skills Development Act 2008 for the purposes of the selection of members of the Aboriginal Lands Business Advisory Panel.

Part 6—Amendment of Education Act 1972

8—Amendment of section 5—Interpretation

This clause inserts a new definition of AEU which means the Australian Education Union, South Australian Branch and repeals the definition of the Institute of Teachers.

9—Amendment of section 29—Classification review panels

This clause substitutes references to the Institute of Teachers with the AEU.

10—Amendment of section 45—Teachers Appeal Board

This clause makes amendments to the composition and selection of the Teachers Appeal Board that are consequential to the amendment and repeal of the Technical and Further Education Act 1975. The amendments provide for the selection of members of the Teachers Appeal Board to include representatives of the prescribed employees of TAFE SA as nominated by TAFE SA and by the AEU.

11—Amendment of section 53—Appeals in respect of appointments to promotional level positions

This clause substitutes references to the Institute of Teachers with the AEU.

12—Amendment of section 75D—Approved learning programs

This clause substitutes references to the Institute of Teachers with the AEU.

Part 7—Amendment of Public Sector Act 2009

13—Amendment of section 25—Public Service employees

This clause replaces the reference in section 25(2)(l) of the Public Sector Act 2009 to an officer or employee appointed by the employing authority under the Technical and Further Education Act 1975 with reference to an employee of the chief executive of TAFE SA under the TAFE SA Act 2012.

Part 8—Amendment of SACE Board of South Australia Act 1983

14—Amendment of Schedule 1—Designated entities

This clause is consequential to the repeal of the Technical and Further Education Act 1975 and updates the list of designated entities that may make representations in relation to the nomination of a person for appointment to the SACE Board of South Australia. The list is to include TAFE SA and the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Training and Skills Development Act 2008.

Part 9—Amendment of Training and Skills Development Act 2008

15—Amendment of section 15—Staff

This clause is consequential to the repeal of the Technical and Further Education Act 1975 and deletes reference to officers or employees under that Act who will no longer be assigned to work in the office of the Training and Skills Commission under the Training and Skills Development Act 2008.

16—Amendment of section 23—Delegation by Training Advocate

This clause is consequential to the repeal of the Technical and Further Education Act 1975 and deletes reference to officers or employees under that Act who will no longer be assigned to work in the office of the Training Advocate under the Training and Skills Development Act 2008.

17—Amendment of section 24—Staff

This clause is consequential to the repeal of the Technical and Further Education Act 1975 and deletes reference to officers or employees under that Act who will no longer be assigned to work in the office of the Training Advocate under the Training and Skills Development Act 2008.

Schedule 1—Amendments of Technical and Further Education Act 1975

This Schedule contains the technical amendments to be made to the Technical and Further Education Act 1975 under clause 5 of the measure.

Schedule 2—Schedules as they will appear in TAFE SA Act

This Schedule is provided for information purposes only and contains the provisions of the Technical and Further Education Act 1975 as they will appear in the TAFE SA Act 2012 after the commencement of clause 5 of the measure.

Debate adjourned on motion of Mr Pisoni.

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