Employment, Education and Training Act 1988

Act No. 80 of 1988 as amended

This compilation was prepared on 10 February 2000
taking into account amendments up to Act No. 146 of 1999

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

 

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Variation of Schedule............................

5 Declarations in relation to technical and further education institutions             

Part II—The National Board of Employment, Education and Training

Division 1—Establishment, functions and powers of Board

6 Establishment................................

7 Functions...................................

8 Directions and guidelines in relation to performance of functions..

9 Reports....................................

10 Powers.....................................

Division 2—Constitution and meetings of the Board

11 Membership of the Board [see Note 2]..................

12 Terms and conditions other than those provided for by this Act...

14 Defective appointment not invalid....................

15 Outside employment............................

16 Remuneration and allowances.......................

17 Leave of absence...............................

18 Resignation of office............................

19 Retirement from office...........................

20 GovernorGeneral may end appointment of Chairperson..

20A Minister may end appointment of member appointed by Minister..

21 Acting appointments............................

22 Meetings...................................

Part III—Councils

Division 1—Establishment, functions and powers of Councils

23 Establishment................................

24 Functions of the Schools Council.....................

25 Functions of the Higher Education Council...............

26 Functions of the Employment and Skills Council............

27 Functions of the Australian Research Council..............

27A Functions of the Australian Language and Literacy Council.....

28 Cooperation between Councils................

29 Directions and guidelines etc. to Councils................

30 Reports by Councils.............................

31 Powers.....................................

Division 2—Constitution and meetings of Councils

32 Membership.................................

33 Acting appointments............................

33A Defective appointment not invalid....................

33B Meetings...................................

34 Powers of Chairperson of the Board with respect to meetings....

35 Terms and conditions other than those provided for by this Act...

35A Outside employment............................

35B Remuneration and allowances.......................

35C Leave of absence...............................

35D Resignation of office............................

35E Retirement from office...........................

35F GovernorGeneral may end appointment of Chairperson..

35G Minister may end appointment of member appointed by Minister..

Part IV—Committees

36 Establishment etc. of committees.....................

37 Membership.................................

38 Functions...................................

39 Terms and conditions of appointment...................

Part VII—Grants for innovative and curriculum projects

51 Approval of projects.............................

52 Grant of financial assistance........................

53 Advances...................................

54 Moneys to be appropriated.........................

Part VIII—Staff

55 Director....................................

56 Staff......................................

Part IX—Counsellors

57 Appointment of Counsellors........................

58 Remuneration and allowances.......................

59 Terms and conditions of appointment...................

Part X—Miscellaneous

60 Disclosure of interests............................

61 Department to provide information....................

62 Delegation by Minister...........................

63 Review....................................

64 Regulations..................................

Part XI—Amendment and repeal of certain Acts and Regulations

65 Interpretation.................................

66 Amendments of Acts............................

67 Amendments of Regulations........................

68 Repeal.....................................

69 Reports to be prepared and laid before Parliament...........

70 Winding up of defunct bodies.......................

71 Appropriation................................

72 Exemption from taxation..........................

Schedule 1—Higher Education Institutions

Schedule 2—Amendments of Acts

Schedule 3—Amendments of Regulations

Notes 

An Act relating to employment, education and training, and for other purposes

 

  This Act may be cited as the Employment, Education and Training Act 1988.

  This Act commences on a day to be fixed by Proclamation.

 (1) In this Act, unless the contrary intention appears:

Board means the National Board of Employment, Education and Training established by section 6.

Council means a Council established by section 23.

curricula means courses of study, and methods and procedures, for use in or in connection with teaching or learning in schools or tertiary institutions.

curriculum project means a project involving:

 (a) research in relation to, or the development of, curricula or educational materials; or

 (b) the publication of educational materials.

educational materials means materials or equipment (including books) for use in or in connection with teaching or learning in schools or tertiary institutions.

higher education institution means an institution specified in Schedule 1.

innovative project means a project (not being a curriculum project) aimed at bringing diversity or innovation, or designed to test new approaches or techniques, in a field to which the project is relevant.

parent body, in relation to a committee established under Part IV, means:

 (a) if the committee has been established to assist the
Board—the Board;

 (b) if the committee has been established to assist one, or more than one, Council—that Council or each of those Councils; or

 (c) if the committee has been established to assist the Board and one, or more than one, Council:

 (i) the Board; and

 (ii) that Council or each of those Councils.

school means:

 (a) a school or similar institution at which fulltime primary education or fulltime secondary education, or both, is or are provided; or

 (b) a school or similar institution at which education is provided that includes fulltime primary education or fulltime secondary education, or both.

school system means:

 (a) an education system that provides education at schools; or

 (b) if an education system provides education at schools and also at institutions other than schools, that system in so far as it relates to schools.

State includes the Northern Territory.

technical and further education means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, other than:

 (a) education provided at a higher education institution, not being education provided by way of a course declared by the Minister, in writing, to be a course of technical and further education; or

 (b) primary or secondary education provided by way of a fulltime course in a school.

technical and further education institution means:

 (a) any institution (other than a higher education institution or a school) that provides technical and further education, being:

 (i) an institution in a State conducted by or on behalf of the government of the State; or

 (ii) an institution in a Territory (other than an institution declared by the Minister, in writing, not to be an institution to which this subparagraph applies) conducted by or on behalf of the government of the Commonwealth; or

 (b) an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act.

Territory does not include:

 (a) the Northern Territory; or

 (b) any external Territory other than a prescribed external Territory.

tertiary institution means:

 (a) a higher education institution; or

 (b) a technical and further education institution.

 (2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.

 (1) The Minister may declare that Schedule 1 is amended in the manner specified in the declaration and the declaration shall have effect accordingly.

 (2) A declaration under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (3) For the purposes of section 8 of the Acts Interpretation Act 1901, a declaration under subsection (1) that amends Schedule 1 by way of repealing part of the Schedule shall be deemed to be an Act that repeals that part of the Schedule.

  The Minister may declare, in writing, that:

 (a) a proposed institution in Australia (other than a higher education institution or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;

 (b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or

 (c) an institution in Australia (other than a higher education institution, a school or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education;

is, for the purposes of this Act, a technical and further education institution.


  There is established by this section a Board called the National Board of Employment, Education and Training.

 (1) The functions of the Board are:

 (a) to inquire into, and to provide information and advice to the Minister with respect to, any matter referred to it, in writing, by the Minister, being:

 (i) a matter relating to:

 (A) education; or

 (B) youth affairs; or

 (C) employment or training; or

 (D) national research priorities, the coordination of research policy and Australian collaboration in international research; or

 (E) language and literacy; or

 (F) international education and training; or

 (G) adult and community education; or

 (ii) any other matter arising under an enactment administered by the Minister;

 (b) on its own motion, but subject to subsection (2), to inquire into, and provide information and advice to the Minister with respect to, any matter referred to in subparagraph (a)(i) or (ii);

 (c) to prepare and give reports to the Minister in accordance with section 9;

 (d) to publish, or arrange for the publication of, reports, papers and periodicals on matters dealt with by the Board in the course of the performance of its functions; and

 (e) to collect, assess and disseminate, and to promote, and assist in, the collection, assessment and dissemination of, information on matters dealt with by the Board in the course of the performance of its functions.

 (2) The Board may perform a function under paragraph (1)(b) only if the performance of that function does not prejudice the performance of its functions under paragraph (1)(a).

 (3) Before referring a matter to the Board under paragraph (1)(a), the Minister shall consult with the Chairperson of the Board on the matter.

 (4) Without limiting the generality of the matters relating to employment, education or training that may be referred to the Board under paragraph (1)(a), those matters include:

 (a) the general development of employment, education and training policies, programs and services;

 (b) the identification of national objectives, needs and priorities in the fields of employment, education and training;

 (c) the provision of assistance for persons having difficulty in obtaining employment, education or training;

 (d) the encouragement of a greater level of involvement in education and training on the part of the business and industrial sectors;

 (e) the creation and development of educational materials and curricula;

 (f) the education of handicapped children who have not attained school age;

 (g) the overall allocation of financial assistance by the Commonwealth in respect of:

 (i) higher education;

 (ii) vocational education and training;

 (iii) school systems and schools;

 (iv) employment programs and services; or

 (v) skills formation;

 (h) the provision of assistance to persons participating in employment, education or training programs;

 (j) the provision of employment services;

 (k) the granting of financial assistance under Part VII in respect of innovative or curriculum projects;

 (m) the promotion of informed public debate on matters relating to education, employment or training through the involvement of employers, trade unions and the community.

 (5) Without limiting the generality of the matters relating to national research priorities or the coordination of research policy that may be referred to the Board under paragraph (1)(a), those matters include:

 (a) the identification of areas in which research should be carried out as a matter of priority;

 (b) encouraging and facilitating the application or utilisation, in a manner beneficial to the country, of the outcomes of research;

 (c) the identification of areas of research that will contribute directly to the economic or social development of Australia;

 (d) stimulating a greater awareness of the necessity for research;

 (e) making a more effective use of the skills and resources available in the community for research;

 (f) the overall allocation of financial assistance by the Commonwealth in respect of research;

 (g) policies relating to the grant of scholarships, fellowships, and other research grants under schemes administered by the Minister.

 (6) The functions of the Board under subsection (1) do not extend to inquiring into, and providing information and advice with respect to, the making of particular grants of assistance under a scheme referred to the Australian Research Council under paragraph 27(1)(a).

 (7) In the performance of its functions under this section, the Board:

 (a) may consult with any person, body or authority as the Board thinks necessary; and

 (b) shall have regard to any advice given by a Counsellor to the Board under section 57.

 (1) The Minister may, in writing, give directions or set out guidelines regarding the broad social, economic and budgetary priorities to be taken into account by the Board in the performance of its functions and the Board shall follow any such directions or guidelines as existing from time to time.

 (2) The Minister shall, as soon as practicable, cause a copy of any directions or guidelines given under subsection (1) to be laid before each House of the Parliament.

 (1) The Board shall, as soon as practicable, after the end of each financial year, prepare and give to the Minister a report on the operations of the Board and of the Councils during that year.

 (2) Without limiting the matters that may be included in a report under subsection (1), such a report shall include information with respect to:

 (a) the matters referred by the Minister to the Board, the reports prepared by the Board with respect to those matters and the persons, bodies and authorities (if any) consulted by the Board in preparing those reports;

 (b) the matters referred by the Minister or the Board to each Council, the reports prepared by each Council with respect to those matters and the persons, bodies and authorities (if any) consulted by each Council in preparing those reports;

 (c) the matters in relation to which the Board gave information and advice to the Minister on its own motion.

 (3) A Council must, on being so requested by the Board, furnish to the Board any information relating to its operations that the Board requires to prepare a report referred to in subsection (1).

 (4) In addition to the report referred to in subsection (1), the Board shall give to the Minister such reports relating to the performance of its functions as the Minister requires and may give such other reports as the Board thinks fit.

  (5) Without limiting subsection (4), the Board shall, at such times and in respect of such periods as the Minister directs, give to the Minister reports on the matters referred to it by the Minister.

 (6) Where, in the course of preparing a report referred to in subsection (4) or (5), the Board has received advice from a Council in relation to a matter included in the report, the report shall include:

 (a) a copy of the advice; or

 (b) if the Board considers it more appropriate that only a summary of the advice be included—such a summary prepared by the Council.

 (7) The Board shall furnish to the Minister comments on any matter contained in any advice from a Council a copy, or a summary, of which is included in a report made by the Board to the Minister.

 (8) The Minister shall cause a copy of each report given under this section to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

  The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.


 (1) The Board consists of the following members:

 (a) a Chairperson;

 (b) any person holding office or acting as Chairperson of a Council;

 (c) not more than 7 other persons appointed by the Minister.

 (2) Of the members:

 (a) 2 shall be persons having expertise or experience in matters relating to trade unions;

 (b) 2 shall be persons having expertise or experience in matters relating to business or industry; and

 (c) at least 7 shall be persons having expertise or experience in matters relating to education, training, science or technology.

 (3) The GovernorGeneral must appoint a person, other than a person referred to in paragraph (1)(b) or (c), to be the Chairperson of the Board. The person may be appointed on a fulltime or on a parttime basis.

 (3A) The GovernorGeneral must appoint one of the persons referred to in paragraph (1)(b) or (c) to be the Deputy Chairperson of the Board. A person referred to in paragraph (1)(b) may be so appointed either on a fulltime or on a parttime basis but a person referred to in paragraph (1)(c) may be so appointed only on a parttime basis.

 (4) The Chairperson and Deputy Chairperson:

 (a) each hold office for the period (not exceeding 3 years) specified in his or her instrument of appointment; and

 (b) are each eligible for reappointment.

 (5) A member of the Board appointed by the Minister under paragraph (1)(c):

 (a) is appointed on a parttime basis; and

 (b) holds office for the period (not exceeding 3 years) specified in his or her instrument of appointment; and

 (c) is eligible for reappointment.

 (6) An officer or employee of the Department or of the Department of Aboriginal Affairs may not hold office as a parttime member of the Board.

 (7) A person appointed as Counsellor under section 57 may be appointed to be a parttime member of the Board.

  In respect of matters not provided for by this Act:

 (a) the Chairperson and Deputy Chairperson of the Board each hold office on the terms and conditions (if any) determined in writing by the GovernorGeneral; and

 (b) a member of the Board (other than the Chairperson) holds office on the terms and conditions (if any) determined in writing by the Minister.

  The appointment of a person as a member of the Board is not invalid because of a defect or irregularity in connection with the appointment.

 (1) A member of the Board appointed on a fulltime basis shall not, except with the approval of the Minister, engage in paid employment outside the duties of the office of the member.

 (2) A member of the Board appointed on a parttime basis shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.

 (1) The Chairperson, the Deputy Chairperson and the other members of the Board shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the members shall be paid such remuneration as is prescribed.

 (2) A member shall be paid such allowances as are prescribed.

 (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

 (1) A fulltime member of the Board has such recreation leave entitlements as are determined by the Remuneration Tribunal.

 (2) The Minister may:

 (a) grant a fulltime member of the Board leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and

 (b) grant a parttime member leave to be absent from a meeting or meetings of the Board.

 (1) The Chairperson, or Deputy Chairperson, of the Board may resign his or her office by writing signed by him or her and delivered to the GovernorGeneral.

 (2) A member of the Board (other than the Chairperson or Deputy Chairperson) may resign his or her office by writing signed by the member and delivered to the Minister.

 (1) The GovernorGeneral may, with the consent of the Chairperson or Deputy Chairperson, retire the Chairperson or Deputy Chairperson of the Board from office on the ground of invalidity.

 (2) The Minister may, with the consent of the member, retire a member of the Board appointed under paragraph 11(1)(c) from office on the ground of invalidity.

 (1) The GovernorGeneral may end the appointment of the Chairperson of the Board for misbehaviour or physical or mental incapacity.

 (2) The GovernorGeneral must end the appointment of the Chairperson of the Board if the Chairperson:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or

 (b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or

 (c) in the case of a Chairperson appointed on a fulltime basis:

 (i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or

 (ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or

 (d) in the case of a Chairperson appointed on a parttime basis:

 (i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or

 (ii) is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Board.

 (1) The Minister may end the appointment of a member of the Board referred to in paragraph 11(1)(c) for misbehaviour or physical or mental incapacity.

 (2) The Minister must end the appointment of a member of the Board referred to in paragraph 11(1)(c) if the member:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or

 (b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or

 (c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or

 (d) is absent, except on leave of absence granted under section 17, from 3 consecutive meetings of the Board.

 (1) The Minister may appoint the Deputy Chairperson of the Board, or the member appointed to act as Deputy Chairperson, to act as Chairperson of the Board:

 (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (2) The Minister may appoint a member of the Board to act as Deputy Chairperson of the Board:

 (a) during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (3) The Minister may appoint a person to act as a member of the Board other than the Chairperson or Deputy Chairperson:

 (a) during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when such a member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson or Deputy Chairperson), unable to perform the duties of the office of member;

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

 (4) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (3) is not invalid on the ground that:

 (a) the occasion for the person’s appointment had not arisen;

 (b) there was a defect or irregularity in connection with the person’s appointment;

 (c) the person’s appointment had ceased to have effect; or

 (d) the occasion for the person to act had not arisen or had ceased.

 (1) The Minister or the Chairperson of the Board shall convene such meetings of the Board as the Minister or Chairperson considers necessary for the efficient performance of the Board’s functions.

 (2) Meetings shall be held at such places as the Chairperson determines.

 (3) The Chairperson shall preside at all meetings at which he or she is present.

 (4) Where the Chairperson is not present at a meeting:

 (a) if the Deputy Chairperson is present at the meeting—the Deputy Chairperson shall preside at the meeting; or

 (b) if paragraph (a) does not apply—the members present shall appoint one of their number to preside at the meeting.

 (5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed at or in connection with that meeting.

 (6) At a meeting:

 (a) a majority of the members of the Board constitute a quorum;

 (b) all questions shall be decided by a majority of votes of the members present and voting; and

 (c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 (7) Where a member is not present during any deliberation of the Board with respect to a matter because the member is precluded under subsection 60(2) from being so present, then, for the purposes of ascertaining whether the members present during that deliberation constitute a quorum of the Board, the firstmentioned member shall be deemed to be present during that deliberation.

 (8) Where a majority of the members of the Board sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Board held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days.

 (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be deemed to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.

 (10) A person other than a member, may with the approval of the Board, take part in the deliberations at a meeting of the Board but such a person is not entitled to vote on any question arising for decision at the meeting.

 (11) The Board shall keep records of its meetings.


  The following Councils are established:

 (a) the Schools Council;

 (b) the Higher Education Council;

 (c) the Employment and Skills Council;

 (d) the Australian Research Council;

 (e) the Australian Language and Literacy Council.

 (1) The functions of the Schools Council are:

 (a) to inquire into, and to provide information and advice to the Board with respect to, any matter referred to the Council by the Minister or the Board, being:

 (i) a matter relating to schools or to primary or secondary education and, in particular, but without limiting the generality of the foregoing, a matter relating to:

 (A) the general development of primary and secondary education in schools;

 (B) the marketing overseas of primary or secondary education programs developed in Australia;

 (C) the establishment of the priorities to be given in dealing with the needs of primary and secondary schools in respect of buildings, equipment, staff and other facilities;

 (D) the funding, planning and implementation of programs aimed at meeting such priorities referred to in subsubparagraph (C) as have been, or may be, established; or

 (E) the granting of financial assistance by the Commonwealth in respect of school systems and schools;

 (ii) a matter relating to the education of handicapped children who have not attained school age; or

 (iii) any other matter on which information or advice may reasonably be required by the Minister or the Board in conjunction with information or advice in respect of a matter referred to in subparagraph (i) or (ii);

 (b) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Board with respect to, any matter referred to in subparagraph (a)(i), (ii) or (iii).

 (2) In the exercise of its functions, the Schools Council shall have regard to such matters as are relevant, including the need for improving primary and secondary educational facilities in Australia and of providing increased and equal opportunities for education in government and nongovernment schools in Australia and the need for ensuring that the facilities provided in all schools in Australia, whether government or nongovernment, are of the highest standard, and, in particular, shall have regard to:

 (a) the primary obligation, in relation to education, for governments to provide and maintain government school systems that are of the highest standard and are open, without fees or religious tests, to all children;

 (b) the prior right of parents to choose whether their children are educated at a government school or at a nongovernment school;

 (c) the educational needs of handicapped children and handicapped young persons;

 (d) the needs of disadvantaged schools and of students at disadvantaged schools, and of other students suffering disadvantages in relation to education for social, economic, ethnic, geographic, cultural, lingual or similar reasons;

 (e) the need to encourage diversity and innovation in education in schools and in the curricula of schools;

 (f) the need to stimulate and encourage public and private interest in, and support for, improvements in primary and secondary education and in schools and school systems;

 (g) the desirability of providing special educational opportunities for students who have demonstrated their ability in a particular field of studies, including scientific, literary, artistic or musical studies; and

 (h) the need, in relation to primary and secondary education and in schools and school systems, to promote the economic use of resources.

 (3) The Council may perform a function under paragraph (1)(b) only if the performance of that function does not prejudice the performance of its functions under paragraph (1)(a).

 (1) The functions of the Higher Education Council are:

 (a) to inquire into, and to provide information and advice to the Board with respect to, any matter referred to the Council by the Minister or the Board, being:

 (i) a matter relating to higher education and, in particular, but without limiting the generality of the foregoing, a matter relating to:

 (A) the general development of higher education in Australia;

 (B) the marketing overseas of higher education programs developed in Australia;

 (C) the establishment of the priorities to be given in dealing with the needs of higher education institutions and other institutions providing higher education;

 (D) the funding, planning and implementation of programs aimed at meeting such priorities referred to in subsubparagraph (C) as have been, or may be, established; or

 (E) the granting of financial assistance by the Commonwealth in respect of higher education institutions and other institutions offering higher education; or

 (ii) any other matter on which information or advice may reasonably be required by the Minister or the Board in conjunction with information or advice in respect of a matter referred to in subparagraph (i);

 (b) on its own motion, but subject to subsection (2), to inquire into, and provide information and advice to the Board with respect to, any matter referred to in subparagraph (a)(i) or (ii);

 (c) to inquire into, and provide a report, in March each year, to the Board with respect to the operation of:

 (i) section 14 of the Higher Education Funding Act 1988, including the role of educational profiles in supporting Commonwealth priorities in higher education; and

 (ii) the Higher Education Contribution Scheme established by the Higher Education Funding Act 1988, including its effects on access to higher education, and the level and quality of postgraduate research;

 (d) to consult with institutions with regard to the preparation of educational profiles and variations of such profiles for the purposes of section 14 of the Higher Education Funding Act 1988.

 (2) The Council may perform a function under paragraph (1)(b) only if the performance of that function does not prejudice the performance of its functions under paragraph (1)(a).

 (3) The Board shall transmit any report referred to in paragraph (1)(c) to the Minister who shall cause copies of it to be laid before each House of the Parliament within 15 sitting days of that House after the Minister has received the report.

 (1) The functions of the Employment and Skills Council are:

 (a) to inquire into, and to provide information and advice to the Board with respect to, any matter referred to the Council by the Minister or the Board, being:

 (i) a matter relating to employment, vocational education and training or the formation of skills and, in particular, but without limiting the generality of the foregoing, a matter relating to:

 (A) employment policies, programs or services; or

 (B) the general development of vocational education and training; or

 (C) the marketing overseas of technical and further education programs developed in Australia;

 (C) adult and community education to the extent that such education relates to vocational education and training; or

 (D) the establishment of the priorities to be given to the provision and delivery of vocational education and training; or

 (E) the granting of financial assistance by the Commonwealth for vocational education and training; or

 (G) policies, programs, or services, for the formation of skills; or

 (H) the promotion of effective training in the business and industrial sectors; or

 (ii) any other matter on which information or advice may reasonably be required by the Minister or the Board in conjunction with information or advice in respect of a matter referred to in subparagraph (i);

 (b) on its own motion, but subject to subsection (2), to inquire into, and provide information and advice to the Board with respect to, any matter referred to in subparagraph (a)(i) or (ii).

 (2) The Council may perform a function under paragraph (1)(b) only if the performance of that function does not prejudice the performance of its functions under paragraph (1)(a).

 (1) The functions of the Australian Research Council are:

 (a) to make recommendations to the Minister with respect to:

 (i) the distribution of resources allocated to any research scheme referred, in writing, to the Council by the Minister for the purposes of this section; and

 (ii) the administrative and other costs directly associated with that scheme;

 (b) to inquire into, and to provide information and advice to the Board with respect to, any matter referred to the Council by the Minister or the Board, being:

 (i) a matter relating to national research priorities or the coordination of research policy and, in particular, but without limiting the generality of the foregoing, a matter relating to:

 (A) the support to be given to fundamental research and to research that will contribute directly to the economic or social development of Australia;

 (B) the development and implementation of research programs, or the establishment and maintenance of special research centres or key centres of teaching and research, by institutions and the allocation of funds to achieve an appropriate concentration of research effort in institutions;

 (C) measures (including the implementation of programs for postgraduates and the grant of postgraduate scholarships) aimed at enhancing the training of research personnel; or

 (D) measures aimed at improving interaction among the higher education sector, the private research sector, the government research sector and the industrial sector; or

 (ii) any other matter on which information or advice may reasonably be required by the Minister or the Board in conjunction with information or advice in respect of a matter referred to in subparagraph (i);

 (c) on its own motion, but subject to subsection (3), to inquire into, and provide information and advice to the Board with respect to, any matter referred to in subparagraph (b)(i) or (ii).

 (2) Any recommendation made by the Council under paragraph (1)(a) shall be in writing and the Council shall, as soon as practicable, send a copy of the recommendation to the Board.

 (3) The Council may perform a function under paragraph (1)(c) only if the performance of that function does not prejudice the performance of its functions under paragraphs (1)(a) or (b).

 (1) The functions of the Australian Language and Literacy Council are:

 (a) to inquire into, and to provide information and advice to the Board on, any matter referred to the Council by the Minister or the Board relating to the language and literacy skills of the Australian population including, but not limited to, any matter relating to:

 (i) the effectiveness of the Commonwealth Government language and literacy policy; or

 (ii) the strategies to be used, the targets and purposes to be considered, and the priorities to be given, in monitoring, implementing or further developing the Commonwealth Government language and literacy policy; or

 (iii) encouraging and developing collaboration between the business, industry, government, union, and education and training sectors in promoting a greater awareness in the Australian population of the benefits to be obtained from improved literacy skills, the study of English (including English as a second language) and the study of languages other than English; or

 (iv) the granting of financial assistance by the Commonwealth for the teaching and learning of languages and literacy skills; and

 (b) to inquire into, and to provide information and advice to the Board on, any other matter on which information or advice may reasonably be required by the Minister or the Board in conjunction with information or advice on a matter mentioned in paragraph (a); and

 (c) on its own initiative, but subject to subsection (2), to inquire into, and provide information and advice to the Board on, any matter mentioned in paragraph (a) or (b).

 (2) The Council may perform a function under paragraph (1)(c) only if it would not hinder the performance of its functions under paragraphs (1)(a) and (b).

  Where 2 or more Councils are each required under this Part to provide information or advice to the Board on a matter that has been referred to it by the Minister or the Board, those Councils may cooperate in providing to the Board the information or advice that each is required so to provide.

 (1) The Board may, by notice in writing to a Council, give directions or furnish guidelines to that Council with respect to the performance of the functions of the Council.

 (2) Nothing in subsection (1) authorises the Board to give directions, or furnish guidelines, to the Australian Research Council in relation to the making of particular grants of assistance under a scheme referred to the Council under paragraph 27(1)(a).

 (3) A Council shall comply with any direction or guideline given or furnished to it under subsection (1).

 (4) In the performance of its functions under this Part, a Council shall have regard to any advice given by a Counsellor to the Council under section 57.

 (1) Where a Council gives advice to the Board under this Part, the Board shall, as soon as practicable, send to the Minister:

 (a) a copy of the advice; or

 (b) if the Board considers it more appropriate that only a summary of the advice be given to the Minister—such a summary prepared by the Council;

together with written comments in respect of the advice.

 (2) The Minister shall cause a copy of each advice or summary of advice and of the written comments sent to him or her under subsection (1) to be laid as soon as practicable before each House of the Parliament.

 (1) A Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

 (2) Without limiting the generality of subsection (1), a Council:

 (a) may invite members of the public to make comments or submissions in relation to any matter referred to the Council by the Board or the Minister; and

 (b) may consult with such persons, bodies or authorities as the Council thinks necessary.


 (1) A Council consists of the following members:

 (a) a Chairperson; and

 (b) not less than 8 and not more than 10 other persons appointed by the Minister on a parttime basis.

 (3) Where:

 (a) the Board is of the opinion that it will be to the advantage of the Council to have as one of its members a person appointed or engaged under the Public Service Act 1999; and

 (b) the Board makes a request to the Minister for the appointment of such a person as a member of the Council;

the Minister may appoint:

 (c) such a person; or

 (d) any person who from time to time occupies a particular position, or performs particular duties, as a person appointed or engaged under the Public Service Act 1999.

to be a member of the Council.

 (4) The GovernorGeneral appoints the Chairperson of each Council. The appointment may be on a fulltime or parttime basis.

 (4A) The Minister may appoint a member of a Council to be the Deputy Chairperson of the Council. The appointment may only be on a parttime basis.

 (5) A member of a Council:

 (a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and

 (b) is eligible for reappointment.

 (7) A person appointed as Counsellor under section 57 may be appointed to be a member of a Council.

 (1) Subject to subsection (2), the Minister may appoint a person to act as a member (other than the Chairperson) of a Council:

 (a) during a vacancy in the office of that member, whether or not an appointment has previously been made to that office; or

 (b) during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as the Chairperson), unable to perform the duties of the office of member;

but a person appointed to act during a vacancy is not to continue in that office for more than 12 months.

 (2) If the Minister has appointed a member to be the Deputy Chairperson of a Council, the Minister may appoint the Deputy Chairperson (or the member acting as Deputy Chairperson) to act as Chairperson of the Council:

 (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Chairperson.

Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.

 (2A) If the Minister has appointed a member of a Council to be the Deputy Chairperson of the Council, the Minister may appoint a member of the Council to act as Deputy Chairperson of the Council during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office of Deputy Chairperson.

Note: See section 33A of the Acts Interpretation Act 1901 regarding acting appointments.

 (3) Anything done by or in relation to a person purporting to act under subsection (1), (2) or (2A) is not invalid on the ground that:

 (a) the occasion for the person’s appointment had not arisen;

 (b) there was a defect or irregularity in connection with the person’s appointment;

 (c) the person’s appointment had ceased to have effect; or

 (d) the occasion for the person to act had not arisen or had ceased.

  The appointment of a person as a member of a Council is not invalid because of a defect or irregularity in connection with the appointment.

 (1) The Minister or the Chairperson of a Council may convene meetings of the Council as the Minister or Chairperson considers necessary for the efficient performance of the Council’s functions.

 (2) A meeting is to be held at a place determined by the Chairperson.

 (3) The Chairperson presides at all meetings at which he or she is present.

 (4) If the Chairperson is not present at a meeting:

 (a) if a Deputy Chairperson has been appointed and he or she is present at the meeting—the Deputy Chairperson presides at the meeting; or

 (b) if paragraph (a) does not apply—the members present appoint one of their number to preside at the meeting.

 (5) Subject to this Act, the person presiding at a meeting may give directions regarding the procedure to be followed in connection with that meeting.

 (6) At a meeting of a Council:

 (a) a majority of the members of the Council constitutes a quorum; and

 (b) all questions are decided by a majority of votes of the members present and voting; and

 (c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 (7) If a member is not present when the Council is deliberating about a matter (because the member is excluded under subsection 60(2) from being so present), then, for the purposes of ascertaining whether the members present during the deliberation constitute a quorum, the excluded member is taken to be present during the deliberation.

 (8) If a majority of the members of a Council sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Council held on the day on which the document was signed, or, if the members sign the document on different days, on the last of those days.

 (9) For the purposes of subsection (8), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members are together taken to be one document containing a statement of those terms signed by those members on the respective days on which they signed the separate documents.

 (10) A person other than a member may, with the approval of a Council, take part in any discussions at a meeting of the Council but the person cannot vote on any question arising for decision at the meeting.

 (11) A Council must keep records of its meetings.

  The Chairperson of the Board may attend any meeting of a Council of which he or she is not a member and take part in any deliberations at that meeting but he or she is not entitled to vote on any question arising for decision at that meeting.

  In respect of matters not provided for by this Act:

 (a) the Chairperson of a Council holds office on the terms and conditions (if any) determined in writing by the GovernorGeneral; and

 (b) a member, other than the Chairperson, holds office on the terms and conditions (if any) determined in writing by the Minister.

 (1) If the Chairperson of a Council is appointed on a fulltime basis, he or she may not, except with the approval of the Minister, engage in paid employment outside the duties of his or her office.

 (2) A member of a Council appointed on a parttime basis may not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.

 (1) The Chairperson, the Deputy Chairperson (if one is appointed) and the other members of a Council are to be paid the remuneration determined by the Remuneration Tribunal, but, if no determination by the Tribunal of a member’s remuneration is in effect, the member is to be paid such remuneration as is prescribed.

 (2) A member is to be paid such allowances as are prescribed.

 (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

 (1) A Chairperson of a Council appointed on a fulltime basis has the recreation leave entitlements determined by the Remuneration Tribunal.

 (2) The Minister may:

 (a) if the Chairperson of a Council is appointed on a fulltime basis—grant the Chairperson leave of absence (other than recreation leave) on terms and conditions as to remuneration or otherwise determined by the Minister; and

 (b) grant a parttime member leave to be absent from a meeting or meetings of a Council.

 (1) The Chairperson of a Council may resign from office by writing signed by him or her and delivered to the GovernorGeneral.

 (2) The Deputy Chairperson of a Council (if one was appointed) may resign from office by writing signed by him or her and delivered to the Minister.

 (3) A member of a Council (other than the Chairperson) may resign from office by writing signed by the member and delivered to the Minister.

 (1) The GovernorGeneral may, with the consent of the Chairperson, retire the Chairperson of a Council from office on the ground of invalidity.

 (2) The Minister may, with the consent of the Deputy Chairperson, retire the Deputy Chairperson of a Council (if one was appointed) from office on the ground of invalidity.

 (3) The Minister may, with the consent of the member, retire a member of a Council (other than the Chairperson) from office on the ground of invalidity.

 (1) The GovernorGeneral may end the appointment of the Chairperson of a Council for misbehaviour or physical or mental incapacity.

 (2) The GovernorGeneral must end the appointment of a Chairperson of a Council if the Chairperson:

 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or

 (b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or

 (c) in the case of a Chairperson appointed on a fulltime basis:

 (i) engages, without the approval of the Minister, in any paid employment outside the duties of his or her office; or

 (ii) is absent from duty, except on leave of absence, for a reason other than the Chairperson’s illness, for 14 consecutive days or for 28 days in any period of 12 months; or

 (d) in the case of a Chairperson appointed on a parttime basis:

 (i) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or

 (ii) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.

 (1) The Minister may end the appointment of a member of a Council (other than the Chairperson) for misbehaviour or physical or mental incapacity.

 (2) The Minister must end the appointment of a member of a Council (other than the Chairperson) if the member:

 (a) becomes bankrupt, applies to take the benefit of law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or

 (b) fails, without reasonable excuse, to comply with an obligation imposed by section 60; or

 (c) engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of his or her functions; or

 (d) is absent, except on leave of absence granted under section 35C, from 3 consecutive meetings of the Council.

 (3) The Minister may, at any time and for any reason, end the appointment of a member of a Council appointed under subsection 32(3).


 (1) The Minister may, on being so requested in writing by the Board, establish a committee to assist:

 (a) the Board;

 (b) such Councils as are specified in the request; or

 (c) the Board and such Councils as are specified in the request;

in carrying out its functions or their functions in relation to such matters as are approved by the Minister.

 (2) The Minister may, at any time, on his or her own motion or at the request of the Board, dissolve a committee established under this section.

 (1) A committee shall consist of such number of members as are appointed by the Board with the approval of the Minister.

 (2) A committee may:

 (a) consist wholly of persons who are members of its parent body or any of its parent bodies; or

 (b) comprise at least one person referred to in paragraph (a) and persons other than persons referred to in that paragraph.

 (3) A member of a committee:

 (a) holds office for such period as is specified in the instrument of appointment; and

 (b) is eligible for reappointment.

 (4) A member of a committee may resign office by writing signed by the member and delivered to the Board.

 (5) The Board may, at any time, with the approval of the Minister, terminate the appointment of a member of a committee.

  The functions of a Committee established to assist one, or more than one, parent body in connection with any matter are to make such inquiries and give such reports, with respect to that matter, as its parent body, or any of its parent bodies, directs.

  A member of a committee holds office on such terms and conditions (if any), in respect of matters not provided for by this Act (including remuneration and allowances), as are determined in writing by the Minister.


  The Minister may approve, for the purposes of this Part, innovative or curriculum projects.

 (1) The Minister may grant financial assistance to a person, body or institution or to a State for the purpose of enabling the grantee to carry out an innovative or curriculum project approved by the Minister under section 51.

 (2) Where the Minister makes a grant of financial assistance under this section, the Minister shall:

 (a) determine the amount of the grant or the manner in which that amount may be ascertained;

 (b) determine:

 (i) whether the amount of the grant shall be paid in a lump sum or by instalments; and

 (ii) the time at which the lump sum or each instalment, as the case may be, is to be paid; and

 (c) specify the terms and conditions (if any) subject to which the grant is made.

  The Minister may, at such time, and subject to such terms and conditions, as the Minister determines, make an advance on account of an amount of financial assistance payable to a person under this Part.

  Payments (including advances) under this Part shall be made out of moneys appropriated by the Parliament for the purposes of this Part.


 (1) There shall be a Director responsible for the provision of the administrative services necessary to assist the Board and the Councils in the performance of their functions.

 (2) The Director shall be engaged under the Public Service Act 1999 and shall be appointed by the Secretary of the Department after consultation with the Chairperson of the Board.

 (3) In the discharge of his or her duties, the Director shall act in accordance with any policies determined, and any directions given, by the Board.

  The staff required to provide the services referred to in subsection 55(1) shall consist of persons engaged under the Public Service Act 1999.


 (1) The Minister may, after consultation with the Chairperson of the Board, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to:

 (a) the Board on matters relating to the functions of the Board; and

 (b) a Council on matters relating to the functions of the Council.

 (2) A Counsellor appointed under subsection (1) shall give advice on such matters as are referred to him or her, in writing, by the Board.

 (3) A Counsellor:

 (a) shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment; and

 (b) is eligible for reappointment.

 (4) The Minister may, at any time, terminate the appointment of a Counsellor.

 (1) A Counsellor shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a Counsellor shall be paid such remuneration as is prescribed.

 (2) A Counsellor shall be paid such allowances as are prescribed.

 (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

  A Counsellor holds office on such terms and conditions (if any), in respect of matters not provided for by this Act, as are determined in writing by the Minister.


 (1) A member of a prescribed body who has a direct or indirect pecuniary interest in a matter being considered by the body shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the body.

 (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the prescribed body and the member shall not, unless the prescribed body or the relevant authority in relation to the prescribed body otherwise determines:

 (a) be present during any deliberation of the body with respect to that matter; or

 (b) take any part in any decision of the body with respect to that matter.

 (3) For the purposes of the making of a determination by a prescribed body under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:

 (a) be present during any deliberation of the body for the purposes of making the determination; or

 (b) take part in the making by the body of the determination.

 (4) In this section:

prescribed body means:

 (a) the Board; or

 (b) a Council; or

 (c) a committee established under section 36.

relevant authority, in relation to a prescribed body means:

 (a) if the body is the Board—the Minister; or

 (b) if the body is a Council—the Board; or

 (c) if the body is a committee appointed under section 36—the parent body of that committee.

 (1) The Board or a Council may request the Department, in writing, to furnish to it information specified in the request, being information that the Board or the Council reasonably requires for the proper performance of its functions and believes to be in the possession, or under the control, of the Department.

 (2) Where:

 (a) the Department refuses or fails to furnish to the Board or a Council, within a reasonable time, information that it has been requested to furnish under subsection (1); and

 (b) the Board or the Council is of the opinion that the refusal or failure is unreasonable;

the Board or the Council may report the refusal or failure to the Minister.

 (3) The Minister shall cause a copy of a report received by him or her under subsection (2) to be laid before each House of the Parliament within 15 sitting days of the House after the day on which the Minister received the report.

 (1) The Minister may delegate to the Chairperson of the Board all or any of his or her powers to grant leave of absence (other than leave of absence to the Chairperson of the Board) under this Act.

 (2) The Minister may delegate to:

 (a) the Chairperson of the Board; or

 (b) the Secretary, or an officer, of the Department;

all or any of his or her powers relating to the making of grants of financial assistance under Part VII.

 (1) The Minister shall, before 30 June 2000, cause a review to be conducted of the operations of the Board and of the Councils.

 (2) Any report on the findings of the review shall be laid by the Minister before each House of the Parliament within 15 sitting days of that House after the receipt of a report by the Minister.

  The GovernorGeneral may make regulations, not inconsistent with this Act, prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.


 (1) In this Part:

commencement day means the day on which this Act commences.

defunct body means:

 (a) the Commonwealth Schools Commission established by section 4 of the Commonwealth Schools Commission Act 1973;

 (b) the Curriculum Development Council established by section 14B of the Commonwealth Schools Commission Act 1973; or

 (c) the Commonwealth Tertiary Education Commission established by section 6 of the Commonwealth Tertiary Education Commission Act 1977.

 (2) Any reference in this Part to one of the Acts repealed by section 68 is a reference to that Act as amended and in force immediately before the commencement day.

  The Acts specified in Schedule 2 are amended as set out in that Schedule.

 (1) The Regulations specified in Schedule 3 are amended as set out in that Schedule.

 (2) The amendment, by this section, of the Regulations specified in Schedule 3 does not prevent the amendment or repeal, by regulation, of those Regulations as amended by this section.

  The following Acts are repealed:

 (a) the Commonwealth Employment Service Act 1978;

 (b) the Commonwealth Schools Commission Act 1973;

 (c) the Commonwealth Tertiary Education Commission Act 1977.

 (1) The Minister shall, as soon as practicable after the commencement day, cause to be prepared:

 (a) a report of the kind referred to in subsection 17A(1) of the Commonwealth Schools Commission Act 1973 in respect of the period commencing at the expiration of the last period in respect of which a report was furnished to the Minister under that subsection and ending immediately before the commencement day; and

 (b) a report relating to the performance of the functions of the Commonwealth Tertiary Education Commission during the period commencing at the expiration of the last period in respect of which such a report was furnished to the Minister under subsection 43A(1) of the Commonwealth Tertiary Education Commission Act 1977 and ending immediately before the commencement day.

 (2) The Secretary of the Department shall cause to be prepared, and submit to the Minister together with the report on the operations of the Department that the Secretary first submits, after the commencement day, under section 63 of the Public Service Act 1999:

 (a) a report on the operations of the Commonwealth Employment Service during the period commencing on the expiration of the last period in respect of which such a report was furnished to the Minister under section 22 of the Commonwealth Employment Service Act 1978 and ending immediately before the commencement day; and

 (b) a report on the performance by the Committees established under Part IV of the Commonwealth Employment Service Act 1978 during the period referred to in paragraph (a).

 (3) The Minister shall cause copies of each report prepared under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report.

 (1) On the commencement day:

 (a) any rights, property or assets (including records and documents) that, immediately before that day, were vested in a defunct body vest, by force of this subsection, in the Commonwealth; and

 (b) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the defunct body that existed immediately before that day.

 (2) Any contract to which a defunct body was a party immediately before the commencement day has effect on and after that day as if:

 (a) the Commonwealth were substituted for the defunct body as a party to the contract; and

 (b) a reference in the contract to the defunct body were (except in relation to matters that occurred before that day) a reference to the Commonwealth.

 (3) If, immediately before the commencement day, proceedings to which a defunct body was a party were pending in a court or tribunal, the Commonwealth is, on that day, by force of this subsection, substituted for the defunct body as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.

  Amounts not exceeding in the aggregate the sum of:

 (a) any moneys of a defunct body that vest in the Commonwealth by force of paragraph 70(1)(a); and

 (b) any moneys appropriated by an Act before the commencement day for purposes related to the defunct body, being moneys that have not been paid to the defunct body before the commencement day and the appropriation of which has not lapsed;

are payable out of the Consolidated Revenue Fund for the purpose of expenditure by the Department:

 (c) in the payment of discharge of debts, liabilities and obligations of the defunct body in respect of which the Commonwealth becomes liable by virtue of paragraph 70(1)(b); and

 (d) in the making of payments required to be made under contracts to which the defunct body was a party immediately before the commencement day;

and the Consolidated Revenue Fund is appropriated accordingly.

  An instrument or document that the Secretary of the Department, or an officer of the Department authorised by the Secretary for the purpose, certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.

 

Schedule 1Higher Education Institutions

Section 3

Part I

NEW SOUTH WALES

Australian Catholic University

Avondale College

Charles Sturt University

Macquarie University

Southern Cross University

The University of New England

The University of New South Wales

The University of Newcastle

 The University of Sydney

The University of Western Sydney

The University of Wollongong

University of Technology, Sydney

Part II

VICTORIA

Deakin University

La Trobe University

Marcus Oldham Farm Management College

Monash University

Royal Melbourne Institute of Technology

Swinburne University of Technology

University of Ballarat

University of Melbourne (including the Graduate School of Management Limited)

Victorian University of Technology

Part III

QUEENSLAND

Central Queensland University

Griffith University

James Cook University of North Queensland

Queensland University of Technology

The University of Queensland

University of Southern Queensland

Part IV

WESTERN AUSTRALIA

Curtin University of Technology

Edith Cowan University

Murdoch University

The University of Western Australia

Part V

SOUTH AUSTRALIA

The Flinders University of South Australia

The University of Adelaide

University of South Australia

Part VI

TASMANIA

University of Tasmania

Part VII

NORTHERN TERRITORY

Batchelor College Northern Territory University

Part VIII

COMMONWEALTH AND A.C.T. INSTITUTIONS

Australian Maritime College

The Australian National University University of Canberra

Schedule 2Amendments of Acts

Section 66

 

 

Note:

The amendments made by this Schedule are incorporated in SCALEplus.

Equal Opportunity for Women in the Workplace Act 1999

Bounty (Books) Act 1969 [repealed by No. 42, 1990]

Bounty (Books) Act 1986

Commonwealth Teaching Service Act 1972

Disability Services Act 1986

Income Tax Assessment Act 1936

Overseas Students Charge Act 1979 [repealed by No. 118, 1999]

Sex Discrimination Act 1984

States Grants (Nurse Education Transfer Assistance) Act 1985

States Grants (Schools Assistance) Act 1983 [repealed by No. 118, 1999]

States Grants (Schools Assistance) Act 1984 [repealed by No. 118, 1999]

States Grants (Tertiary Education Assistance) Act 1984 [repealed by No. 118, 1999]

States Grants (Tertiary Education Assistance) Act 1987 [repealed by No. 79, 1994]

Trade Union Training Authority Act 1975

For access to the wording of the amendments made by this Schedule, see [Employment, Education and Training Act 1988 No. 80, 1988]

 

Schedule 3Amendments of Regulations

Section 67

 

 

Note:

The amendments made by this Schedule are incorporated in SCALEplus.

Overseas Students Charge Regulations

Student Assistance Regulations [repealed by 1999 No. 311]

For access to the wording of the amendments made by this Schedule, see [Employment, Education and Training Act 1988 No. 80, 1988]

 

 

Notes to the Employment, Education and Training Act 1988

Note 1

The Employment, Education and Training Act 1988 as shown in this compilation comprises Act No. 80, 1988 amended as indicated in the Tables below.

The Employment, Education and Training Act 1988 was modified by the A.C.T. SelfGovernment (Consequential Provisions) Regulations as amended.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Employment, Education and Training Act 1988

80, 1988

24 June 1988

1 July 1988 (see Gazette 1988, No. S190)

 

States Grants (Schools Assistance) Act 1988

1, 1989

6 Jan 1989

6 Jan 1989

Higher Education Funding Act 1988

2, 1989

6 Jan 1989

S. 123: Royal Assent (a)

States Grants (Technical and Further Education Assistance) Act 1989

13, 1989

16 Mar 1989

16 Mar 1989

States Grants (TAFE Assistance) Act 1989

170, 1989

19 Dec 1989

19 Dec 1989

University of Canberra Act 1989

179, 1989

28 Dec 1989

1 Jan 1990

S. 61(4)

Employment, Education and Training Amendment Act 1991

47, 1991

24 Apr 1991

22 May 1991

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

Ss. 4(1), 10(b) and 1520: 1 Dec 1988
Ss. 28(b)(e), 30 and 31: 10 Dec 1991 (see Gazette  1991, No. S332)
Remainder: Royal Assent

S. 31(2)

Australian National University Act 1991

131, 1991

2 Sept 1991

1 Jan 1992

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 5): 2 Sept 1991 (b)

Employment, Education and Training Amendment Act 1993

5, 1993

27 May 1993

24 June 1993

Employment Services (Consequential Amendments) Act 1994

177, 1994

19 Dec 1994

Part 2 (ss. 38):
19 Dec 1994 (c)

Ss. 3, 7 and 8

Employment, Education and Training Amendment Act 1995

176, 1995

16 Dec 1995

16 Dec 1995

Sch. 1
(item 4),
Sch. 4
(item 9) and
Sch. 5
(item 10)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 2 (items 52, 53): (d)
Schedule 4 (item 70): Royal Assent (d)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 401-404, 407-411): 5 Dec 1999 (see Gazette 1999, No. S584) (e)

 

(a) The Employment, Education and Training Act 1988  was amended by section 123 only of the Higher Education Funding Act 1988, subsection 2(1) of which provides as follows:

 (1) Chapters 1, 2, 3, 4, 6 and 7 commence on the day on which this Act receives the Royal Assent.

(b) The Australian National University Act 1991 was amended by Schedule 3 (item 5) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

 (3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(c) The Employment, Education and Training Act 1988 was amended by Part 2 (ss. 38) only of the Employment Services (Consequential Amendments) Act 1994, subsection 2(1) of which provides as follows:

 (1) This Part (other than subsection (2) of this section) and Part 2 commence, or are taken to have commenced, on the day on which the Employment Services Act 1994 receives the Royal Assent.

(d) The Employment, Education and Training Act 1988 was amended by Schedule 2 (items 52 and 53) and Schedule 4 (item 70) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

 (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

 (2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Items 52 and 53 are taken to have commenced immediately after the commencement of the Employment, Education and Training Act 1995 .

The Employment, Education and Training Act 1995 came into operation on 16 December 1995.

(e) The Employment, Education and Training Act 1988 was amended by Schedule 1 (items 401-404 and 407-411) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1), (2) and (7) of which provide as follows:

 (1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

 (2) Subject to this section, this Act commences at the commencing time.

 (7) If the Employment and Training Amendment Act 1999 commences before the commencing time, then items 402, 403 and 404 of Schedule 1 to this Act never commence. If the Employment and Training Amendment Act 1999 commences at or after the commencing time, then items 405 and 406 of Schedule 1 to this Act never commence.

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

S. 3....................

am. No. 176, 1995

S. 7....................

am. No. 176, 1995

S. 9....................

am. No. 176, 1995

S. 11...................

am. No. 176, 1995

S. 12...................

rs. No. 176, 1995

S. 13...................

rep. No. 176, 1995

S. 16...................

am. No. 176, 1995

S. 17...................

rs. No. 122, 1991

 

am. No. 146, 1999

S. 18...................

am. No. 176, 1995

S. 19...................

rs. No. 176, 1995

S. 20...................

am. No. 122, 1991

 

rs. No. 176, 1995

S. 20A..................

ad. No. 176, 1995

Ss. 22, 23................

am. No. 176, 1995

S. 24...................

am. No. 1, 1989; No. 176, 1995

S. 25...................

am. No. 2, 1989; No. 47, 1991; No. 176, 1995

Heading to s. 26...........

am. No. 176, 1995

S. 26...................

am. Nos. 13 and 170, 1989; No. 176, 1995

S. 27A..................

ad. No. 176, 1995

S. 31...................

am. No. 176, 1995

S. 32...................

am. No. 176, 1995; No. 146, 1999

S. 33...................

am. No. 47, 1989; No. 176, 1995

Ss. 33A, 33B.............

ad. No. 176, 1995

S. 35...................

rs. No. 176, 1995

Ss. 35A, 35B.............

ad. No. 176, 1995

S. 35C..................

ad. No. 176, 1995

 

am. No. 146, 1999

Ss. 35D, 35E.............

ad. No. 176, 1995

Ss. 35F, 35G.............

ad. No. 176, 1995

 

am. No. 43, 1996

Part V
(ss. 4047)

rep. No. 176, 1995

Ss. 4047.........

rep. No. 176, 1995

Part VI
(ss. 4850)

rep. No. 177, 1994

Ss. 4850.........

rep. No. 177, 1994

Ss. 55, 56................

am. No. 146, 1999

S. 57...................

am. No. 176, 1995

S. 58...................

am. No. 43, 1996

S. 60...................

am. No. 177, 1994

S. 63...................

am. No. 5, 1993; No. 176, 1995

S. 69...................

am. No. 146, 1999

Schedule 1...............

am. No. 179, 1989; No. 131, 1991 (as am. by No. 43, 1996)

 

rs. No. 176, 1995

Note 2

Section 11(6)—Schedule 7, item 3 of the Employment, Education and Training Amendment Act 1995 provides as follows:

Schedule 7

3  Subsection 11(6):

Omit “or the Department of Aboriginal Affairs”.

The proposed amendment was misdescribed and is not incorporated in this compilation.