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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-04-09 Daily Xml
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TAFE SA (PRESCRIBED EMPLOYEES) AMENDMENT BILL

Introduction and First Reading

The Hon. G. PORTOLESI (Hartley—Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy) (12:57): Obtained leave and introduced a bill for an act to amend the TAFE SA Act 2012; to repeal the Technical and Further Education Act 1975; and for other purposes. Read a first time.

Second Reading

The Hon. G. PORTOLESI (Hartley—Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy) (12:58): I move:

That this bill be now read a second time.

The TAFE SA Act 2012 was brought into operation on 1 November 2012. The bill is a consequential bill to the TAFE SA Act 2012, which established TAFE SA as a statutory corporation. The bill has two purposes. The first is to preserve the provisions of the Technical and Further Education Act 1975 that relate to the employment of officers under that act by including them in a new schedule attached to the TAFE SA Act 2012. Under the TAFE SA Act 2012, these officers were transferred to the employment of the chief executive of TAFE SA and are now referred to as prescribed employees.

The transfer of employment was provided for under the TAFE SA Act 2012 in a manner which preserved the terms and conditions of employment which applied to these employees prior to the commencement of the TAFE SA Act 2012. The statutory employment provisions of these prescribed employees will be included 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The second purpose of this bill is to repeal the Technical and Further Education Act 1975, which has been replaced by the TAFE SA Act 2012. The repeal is a consequence of the establishment of the statutory corporation of TAFE SA, which now provides for the technical and further education needs of South Australia and replaces a system of colleges provided under the Technical and Further Education Act 1975. Passage of this bill will give greater certainty in relation to TAFE SA 'prescribed employees' terms and conditions of employment provided under legislation and will tidy up various associated references in other acts.

This bill will replace the Statutes Amendment and Repeal (TAFE SA Consequential Provisions) Bill 2012, which the government has been unable to pass through the parliament. In summary, as a consequential bill to the TAFE SA Act 2012, this bill ensures that the transition of the new TAFE SA statutory corporation is as comprehensive and seamless as possible. I commend the bill to members. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

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—Insertion of Schedule A1

This clause relocates certain provisions in the Technical and Further Education Act 1975 to the TAFE SA Act 2012. The amendments that have been made to these provisions are technical and not substantive. These provisions will deal with conditions of employment for prescribed employees.

Schedule 1—Repeal and transitional provisions

Part 1—Repeal of Technical and Further Education Act 1975

1—Repeal of Act

This clause repeals the Technical and Further Education Act 1975.

Part 2—Transitional provisions

This clause will provide for transitional provisions relating to various references in other Acts that are relevant to prescribed employees and TAFE SA.

Debate adjourned on motion of Mr Pisoni.


[Sitting suspended from 13:02 to 14:00]


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