Schedule

3. The Employment, Education and Training Act 1988 is amended in accordance with the applicable items in the Schedules to this Act, and the other items in the Schedules have effect according to their terms.

——————

SCHEDULE 1 Section 3

AMENDMENTS RELATING TO THE CREATION OF THE AUSTRALIAN LANGUAGE AND LITERACY COUNCIL

1 Section 23:

Omit all the words to and including “namely”, substitute “The following Councils are established”.

2 Section 23:

Add at the end:

“; (e) the Australian Language and Literacy Council”.

3 After section 27:

Insert:

Functions of the Australian Language and Literacy Council

“27A.(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).

SCHEDULE 1—continued

“(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).”.

4 Transitional

(1) The Australian Language and Literacy Committee is dissolved.

(2) The person who was the Chairperson of the Australian Language and Literacy Committee immediately before commencement:

(a) becomes, on commencement, the Chairperson of the Australian Language and Literacy Council; and

(b) is taken to have been appointed on a part-time basis under subsection 32(4) of the Employment, Education and Training Act 1988; and

(c) continues to be the Chairperson of the Council for the remainder of the period for which he or she was appointed to be the Chairperson of the Committee.

(3) A person who was a member (other than the Chairperson) of the Australian Language and Literacy Committee immediately before commencement:

(a) becomes, on commencement, a member of the Australian Language and Literacy Council; and

(b) is taken to have been appointed under paragraph 32(1)(b) of the Employment, Education and Training Act 1988; and

(c) continues to be a member of the Council for the remainder of the period for which he or she was appointed to be a member of the Committee.

(4) A person to whom subitem (2) or (3) applies holds office subject to the terms and conditions (if any) applying to the person under section 39 of the Employment, Education and Training Act 1988 as in force immediately before commencement, to the extent that the terms and conditions are not inconsistent with:

(a) subsection 35A(2), paragraph 35C(2)(b) and sections 35D, 35E, 35F and 35G of the Employment, Education and Training Act 1988 as in force after commencement; and

(b) any terms and conditions applying to the person under section 35 of that Act.

(5) A determination (if any) as to remuneration under section 35B of the Employment, Education and Training Act 1988 as in force after commencement applies to a person to whom subitem (2) or (3) applies only if such remuneration is more favourable than the remuneration provided for

SCHEDULE 1—continued

under the terms and conditions determined by the Minister under section 39 of the Employment, Education and Training Act 1988 as in force immediately before commencement.

(6) In this item:

“Australian Language and Literacy Committee” means the committee established by the Minister under subsection 36(1) of the Employment, Education and Training Act 1988 under the name of the Australian Language and Literacy Council;

“commencement” means the commencement of this Schedule.

——————

SCHEDULE 2 Section 3

AMENDMENT RELATING TO THE CREATION OF COUNCILS BY INSTRUMENT

1 Subsection 3(1) (definition of “Council”):

Omit the definition, substitute:

“ ‘Council’ means a Council established by section 23;”.

——————

SCHEDULE 3 Section 3

AMENDMENTS RELATING TO THE ABOLITION OF THE COMMONWEALTH/STATE CONSULTATIVE COMMITTEE

1 Subsection 3(1) (definitions of “Consultative Committee” and “State Minister”):

Omit the definitions.

2 Paragraph 7(7)(a):

Omit the paragraph, substitute:

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

3 Paragraph 9(2)(d):

Omit the paragraph.

4 Subsection 9(3):

Omit “The Consultative Committee or a Council shall”, substitute “A Council must”.

5 Paragraph 31(2)(b):

Omit "the Consultative Committee and”.

6 Part V:

Repeal the Part.

7 Subsection 63(1):

Omit “, the Councils and the Consultative Committee”, substitute “and of the Councils”.

—————

SCHEDULE 4 Section 3

AMENDMENTS RELATING TO THE APPOINTMENT OF BOARD MEMBERS

1 Subsection 11(1):

Omit the subsection, substitute:

“(1) The Board consists of the following members:

(a) a Chairperson;

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

2 Subsections 11(3), (4) and (5):

Omit the subsections, substitute:

“(3) The Governor-General 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 full-time or on a part-time basis.

“(3A) The Governor-General 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 full-time or on a part-time basis but a person referred to in paragraph (1)(c) may be so appointed only on a part-time 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 part-time basis; and

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

3 Section 12:

Repeal the section, substitute:

Terms and conditions other than those provided for by this Act

“12. 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 Governor-General; and

SCHEDULE 4—continued

(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.”.

4 Section 13:

Repeal the section.

5 Subsection 18(2):

Omit “Governor-General”, substitute “Minister”.

6 Section 19:

Repeal the section, substitute:

Retirement from office

“19.(1) The Governor-General 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.”.

7 Section 20:

Repeal the section, substitute:

Governor-General may end appointment of Chairperson

“20.(1) The Governor-General may end the appointment of the Chairperson of the Board for misbehaviour or physical or mental incapacity.

“(2) The Governor-General 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

(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

SCHEDULE 4—continued

(d) in the case of a Chairperson appointed on a part-time 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.

Minister may end appointment of member appointed by Minister

“20A.(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:

(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.”.

8 Paragraph 22(6)(a):

Omit “appointed to”, substitute “of”.

9 Transitional

(1) A person who was the Chairperson or Deputy Chairperson of the Board immediately before commencement:

(a) continues to be the Chairperson or Deputy Chairperson of the Board:

(i) for the remainder of the period for which he or she was appointed to be Chairperson or Deputy Chairperson; and

(ii) on the same basis (either full-time or part-time) on which he or she was holding office immediately before commencement; and

(b) in the case of the Chairperson—is taken to have been appointed under subsection 11(3) of the Employment, Education and Training Act 1988 as in force after commencement; and

(c) in the case of the Deputy Chairperson—is taken to have been appointed under subsection 11(3A) of the Employment, Education and Training Act 1988 as in force after commencement.

SCHEDULE 4—continued

(2) In spite of paragraph 11(1)(c) of the Employment, Education and Training Act 1988 as in force after commencement, a person who was, immediately before commencement, a member of the Board (other than the Chairperson or a member who was also a Chairperson of a Council or of a committee established under subsection 36(1) of the Employment, Education and Training Act 1988 as in force before commencement):

(a) continues to be a member of the Board:

(i) for the remainder of the period for which he or she was appointed to be a member; and

(ii) on the same basis (either full-time or part-time) on which he or she was holding office immediately before commencement; and

(b) is taken to have been appointed under paragraph 11(1)(c) of the Employment, Education and Training Act 1988 as in force after commencement.

Note: Under this subitem, the number of persons who may continue as members of the Board after commencement may be greater than the number of members that may be appointed under paragraph 11(1)(c).

(3) Any terms and conditions that, because of section 12 of the Employment, Education and Training Act 1988, applied immediately before commencement to the Chairperson or Deputy Chairperson of the Board continue to apply to the Chairperson or Deputy Chairperson after commencement as if they were determined under paragraph 12(a).

(4) Any terms and conditions that, because of section 12 of the Employment, Education and Training Act 1988, applied immediately before commencement to:

(a) a person to whom subitem (2) applies; or

(b) a person who is a member of the Board because of paragraph 11(1)(b) of the Employment, Education and Training Act 1988 as in force after commencement;

continue to apply to the person after commencement to the extent that the terms and conditions are not inconsistent with any terms and conditions determined by the Minister under paragraph 12(b) of the Employment, Education and Training Act 1988 as in force after commencement.

(5) In this item:

“commencement” means the commencement of this Schedule.

——————

SCHEDULE 5 Section 3

AMENDMENTS RELATING TO THE APPOINTMENT OF COUNCIL MEMBERS

1 Subsections 32(1) and (2):

Omit the subsections, substitute:

“(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 part-time basis.”.

2 Subsection 32(4):

Omit the subsection, substitute:

“(4) The Governor-General appoints the Chairperson of each Council. The appointment may be on a full-time or part-time 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 part-time basis.”.

3 Subsection 32(5):

Omit “who is not a member of the Board”.

4 Subsection 32(6):

Omit the subsection.

5 Subsection 33(1):

After “member” (first occurring) insert “(other than the Chairperson)”.

6 Subsection 33(2):

Omit the subsection, substitute:

“(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,

SCHEDULE 5—continued

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.”.

7 Subsection 33(3):

Omit “or (2)”, substitute “, (2) or (2A)”.

8 After section 33:

Insert:

Defective appointment not invalid

“33A. 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.

Meetings

“33B.(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

“(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.

SCHEDULE 5—continued

“(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.”.

9 Section 35:

Repeal the section, substitute:

Terms and conditions other than those provided for by this Act

“35. 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 Governor-General; and

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

Outside employment

“35A.(1) If the Chairperson of a Council is appointed on a full-time 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 part-time 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.

Remuneration and allowances

“35B.(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.

SCHEDULE 5—continued

“(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.

Leave of absence

“35C.(1) Subject to section 87E of the Public Service Act 1922, a Chairperson of a Council appointed on a full-time 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 full-time 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 part-time member leave to be absent from a meeting or meetings of a Council.

Resignation of office

“35D.(1) The Chairperson of a Council may resign from office by writing signed by him or her and delivered to the Governor-General.

“(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.

Retirement from office

“35E.(1) The Governor-General 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.

Governor-General may end appointment of Chairperson

“35F.(1) The Governor-General may end the appointment of the Chairperson of a Council for misbehaviour or physical or mental incapacity.

SCHEDULE 5—continued

“(2) The Governor-General must end the appointment of a Chairperson of a Council if the Chairperson:

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

(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 part-time 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 35E, from 3 consecutive meetings of the Council.

Minister may end appointment of member appointed by Minister

“35G.(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 35E, 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).”.

10. Transitional

(1) A person who was a Chairperson or Deputy Chairperson of a Council immediately before commencement:

SCHEDULE 5—continued

(a) continues to be the Chairperson or Deputy Chairperson of the Council:

(i) for the remainder of the period for which he or she was appointed to be Chairperson or Deputy Chairperson; and

(ii) on the same basis (either full-time or part-time) on which he or she was holding office immediately before commencement; and

(b) in the case of the Chairperson—is taken to have been appointed under subsection 32(4) of the Employment, Education and Training Act 1988 as in force after commencement; and

(c) in the case of the Deputy Chairperson—is taken to have been appointed under subsection 32(4A) of the Employment, Education and Training Act 1988 as in force after commencement.

(2) In spite of paragraph 32(1)(b), a person who was a member (other than the Chairperson) of a Council immediately before commencement:

(a) continues to be a member of the Council for the remainder of the period for which he or she was appointed to be a member; and

(b) is taken to have been appointed under paragraph 32(1)(b) of the Employment, Education and Training Act 1988 as in force after commencement.

Note: Under this subitem, the number of persons who may continue as members of a Council after commencement may be greater than the number of members that may be appointed to the Council under paragraph 32(1)(b).

(3) Any terms and conditions that, because of section 12 (as applied by subsection 35(1)) of the Employment, Education and Training Act 1988, applied immediately before commencement to a person to whom subitem (1) or (2) applies continue to apply to the person after commencement to the extent that the terms and conditions are not inconsistent with any terms and conditions determined by the Minister under section 35 of the Employment, Education and Training Act 1988 as in force after commencement.

(4) In this item:

“commencement” means the commencement of this Schedule.

——————

SCHEDULE 6 Section 3

AMENDMENTS RELATING TO CHANGES IN FUNCTIONS OF THE BOARD AND OF SOME COUNCILS

1 Sub-subparagraph 7(1)(a)(i)(A):

Omit the sub-subparagraph, substitute:

“(A) education; or”.

2 Sub-subparagraph 7(1)(a)(i)(B):

Add at the end “or”.

3 Sub-subparagraph 7(1)(a)(i)(D):

Omit the sub-subparagraph, substitute:

“(D) national research priorities, the co-ordination 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”.

4 Subparagraph 7(4)(g)(ii):

Omit the subparagraph, substitute:

“(ii) vocational education and training;”.

5 Paragraph 24(1)(c):

Omit the paragraph.

6 Sub-subparagraph 25(1)(a)(i)(C):

Omit “in respect of buildings, equipment, staff and other facilities”.

7 Subparagraph 26(1)(a)(i):

Omit “technical and further education”, substitute “vocational education and training”.

8 Sub-subparagraph 26(1)(a)(i)(A):

Add at the end “or”.

9 Sub-subparagraphs 26(1)(a)(i)(B), (D), (E) and (F):

Omit the sub-subparagraphs, substitute:

“(B) the general development of 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

SCHEDULE 6—continued

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

10 Paragraph 26(1)(c):

Omit the paragraph.

—————

SCHEDULE 7 Section 3

MISCELLANEOUS AMENDMENTS

1 Subsection 9(8):

Omit “subsection (1)”, substitute “this section”.

2 Subsection 9(9):

Omit the subsection.

3 Subsection 11(6):

Omit “or the Department of Aboriginal Affairs”.

4 Subsection 16(3):

Omit “Tribunals”, substitute “Tribunal".

5 Paragraph 23(c):

Omit “Formation”.

6 Paragraph 23(c):

Omit “and” (second occurring).

7 Subsection 26(1):

Omit “Formation” (first occurring).

Note: The heading to section 26 is altered by omitting “Formation”.

8 Subsection 57(1):

Omit “, not exceeding 4 in number,”.

9 Subsection 63(1):

Omit “1 July 1994”, substitute “30 June 2000”.

—————

SCHEDULE 8 Section 3

AMENDMENT TO SUBSTITUTE NEW SCHEDULE OF HIGHER EDUCATION INSTITUTIONS

1. Schedule 1:

Repeal the Schedule, substitute:

“SCHEDULE 1 Section 3

HIGHER EDUCATION INSTITUTIONS

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

SCHEDULE 8—continued

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”.

[Minister's second reading speech made in—

Senate on 29 March 1995

House of Representatives on 1 December 1995]

Section
1	Short title
2	Commencement
2	Schedules