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Employment, Education And Training Amendment Act 1996.

Contents

1............ Short title............................................................................................

2............ Commencement..................................................................................

3............ Schedule(s).........................................................................................

Schedule 1—Amendment of the Employment, Education and Training Act 1988   

Part 1—Amendments                                                                                                            

Employment, Education and Training Act 1988                                                 

Part 2—Transitional provisions                                                                                    

Schedule 2—Amendment of other Acts                                                                   

Bounty (Books) Act 1986                                                                                                  

Overseas Student (Refunds) Act 1990                                                    

 



A Bill for an Act to amend the Employment, Education and Training Act 1988, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Employment, Education and Training Amendment Act 1996 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s )

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Employment, Education and Training Act 1988

1  Subsection 3(1) (definition of Board )

Repeal the definition.

2  Subsection 3(1) (definition of curricula )

Omit “schools or”.

3  Subsection 3(1) (definition of educational materials )

Omit “schools or”.

4  Subsection 3(1) (definition of parent body )

Repeal the definition.

5  Subsection 3(1) (definition of school )

Repeal the definition.

6  Subsection 3(1) (definition of school system )

Repeal the definition.

7  Part II

Repeal the Part.

8  Paragraphs 23(a), (c) and (e)

Repeal the paragraphs.

9  Section 24

Repeal the section.

10  Paragraph 25(1)(a)

Repeal the paragraph, substitute:

                     (a)  to inquire into, and to provide information and advice to the Minister on:

                              (i)  any matter relating to higher education that is referred to the Council by the Minister; or

                             (ii)  any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice about a matter referred to the Council under subparagraph (i); and

11  Paragraph 25(1)(b)

Omit “Board”, substitute “Minister”.

12  At the end of paragraph 25(1)(b)

Add “and”.

13  Paragraph 25(1)(c)

Omit “Board”, substitute “Minister”.

14  At the end of subparagraph 25(1)(c)(ii)

Add “and”.

15  At the end of subsection 25(1)

Add:

             ; and (e)  to prepare and give reports to the Minister under section 30; and

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

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

16  After subsection 25(1)

Insert:

          (1A)  Before referring a matter to the Council under subparagraph (1)(a)(i), the Minister must consult with the Chairperson of the Council on the matter.

17  Subsection 25(3)

Repeal the subsection, substitute:

             (3)  The Minister must cause a copy of any report prepared under paragraph (1)(c) to be laid before each House of the Parliament within 15 sitting days of that House after the Minister has received the report.

18  At the end of section 25

Add:

             (4)  Without limiting the generality of matters relating to higher education that may be referred to the Council under paragraph (1)(a), those matters include the following:

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

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

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

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

                     (e)  the identification of national objectives, needs and priorities in the field of higher education;

                      (f)  the provision of assistance for persons having difficulty in obtaining higher education;

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

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

                      (i)  the overall allocation of financial assistance by the Commonwealth in respect of higher education;

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

                     (k)  the promotion of informed public debate on matters relating to higher education through the involvement of employers, trade unions and the community.

19  Section 26

Repeal the section.

20  Paragraph 27(1)(a)

After “recommendations”, insert “, in writing,”.

21  At the end of subparagraph 27(1)(a)(ii)

Add “and”.

22  Paragraph 27(1)(b)

Repeal the paragraph, substitute:

                     (b)  to inquire into, and to provide information and advice to the Minister on:

                              (i)  any matter relating to national research priorities or the coordination of research policy that is referred to the Council by the Minister ; or

                             (ii)  any other matter on which information or advice may reasonably be required by the Minister in conjunction with information or advice about a matter referred to the Council under subparagraph (i); and

23  Paragraph 27(1)(c)

Omit “Board”, substitute “Minister”.

24  At the end of subsection 27(1)

Add:

             ; and (d)  to prepare and give reports to the Minister under section 30; and

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

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

25  Subsection 27(2)

Repeal the subsection, substitute:

             (2)  Before referring a matter to the Council under subparagraph (1)(a)(i) or (1)(b)(i), the Minister must consult with the Chairperson of the Council on the matter.

26  At the end of section 27

Add:

             (4)  Without limiting the generality of the matters relating to national research priorities or the co-ordination of research policy that may be referred to the Council under paragraph (1)(b), those matters include the following:

                     (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;

                     (c)  the allocation of funds to achieve an appropriate concentration of research effort in institutions;

                     (d)  measures (including the implementation of programs for post-graduates and the grant of post-graduate scholarships) aimed at enhancing the training of research personnel;

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

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

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

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

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

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

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

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

                    (m)  the granting of financial assistance under Part VII for innovative or curriculum projects.

27  Section 27A

Repeal the section.

28  Section 28

Repeal the section, substitute:

28   Cooperation between Councils

                   If the Higher Education Council and the Australian Research Council are each required under this Part to provide information or advice to the Minister on a matter that has been referred to it by the Minister, both Councils may co-operate in providing the information or advice.

29  Subsection 29(1)

Omit “Board”, substitute “Minister”.

30  Subsection 29(2)

Repeal the subsection.

31  After subsection 29(3)

Insert:

          (3A)  The Minister must cause a copy of any direction or guideline given under subsection (1) to be laid as soon as practicable before each House of the Parliament.

32  Section 30

Repeal the section, substitute:

30   Reports

             (1)  As soon as practicable after the end of each financial year, each Council must prepare and give to the Minister a report on the operations of the Council during that year.

             (2)  Without limiting the matters that may be included in a report under subsection (1), the report must include information about:

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

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

             (3)  In addition to the report referred to in subsection (1), the Council must 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 Council thinks fit.

             (4)  Without limiting subsection (3), the Council must, 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.

             (5)  The Minister must 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.

             (6)  If a report under subsection (1) relates to the financial year in which the Employment, Education and Training Amendment Act 1996 commenced, it need not deal with the part of the financial year preceding that commencement.

33  Paragraph 31(2)(a)

Omit “the Board or”.

34  Subsection 32(3)

Repeal the subsection, substitute:

             (3)  The Minister may appoint an officer or employee of the Australian Public Service to be a member of a Council if the Minister is of the opinion that it will be to the advantage of the Council to have as a member such an officer or employee.

35  Section 34

Repeal the section.

36  Section 36

Repeal the section, substitute:

36   Establishment etc. of committees

             (1)  The Minister may establish a committee to assist either or both of the Councils in carrying out its or their functions in relation to such matters as are approved by the Minister.

             (2)  The Minister may at any time dissolve a committee.

37  Subsection 37(1)

Repeal the subsection, substitute:

             (1)  Subject to the approval of the Minister, a committee is to consist of such members as are appointed by:

                     (a)  if the committee has been established to assist one Council—that Council; or

                     (b)  if the committee has been established to assist both Councils—each of those Councils.

38  Paragraph 37(2)(a)

Repeal the paragraph, substitute:

                     (a)  consist wholly of persons who are members of the Council or any of the Councils, as the case requires; or

39  Subsections 37(4) and (5)

Omit “Board”, substitute “Council or each of the Councils, as the case requires,”.

40  Section 38

Repeal the section, substitute

38   Functions

             (1)  The functions of a committee established to assist either or both of the Councils in connection with any matter are to make such enquiries and give such reports, with respect to that matter, as the Council, or any of the Councils, as the case requires, directs.

             (2)  The Minister may specify the other functions of a committee after consulting with the Chairperson of the Council, or the Chairpersons of each of the Councils, as the case requires.

41  Subsection 55(1)

Omit “the Board and”.

42  Subsection 55(2)

Omit “the Board”, substitute “each of the Councils”.

43  Subsection 55(3)

Omit “Board”, substitute “Councils”.

44  At the end of section 55

Add:

             (4)  The Minister may resolve any conflict between any of the policies determined, and the directions given to the Director, by the Councils under subsection (3).

45  Subsection 57(1)

Repeal the subsection, substitute:

             (1)  The Minister may, after consultation with the Chairperson of a Council, appoint such Counsellors as the Minister thinks necessary for the purpose of giving advice to the Council on matters relating to the functions of the Council.

46  Subsection 57(2)

Omit “ Board”, substitute “Council”.

47  Subsection 60(1)

Omit “prescribed body”, substitute “a Council or a committee established under section 36 (the body )”.

48  Subsection 60(2)

Repeal the subsection, substitute:

             (2)  The disclosure is to be recorded in the minutes of the meeting of the body and, subject to subsection (2A), the member must not:

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

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

          (2A)  A determination that paragraphs (2)(a) and (b) do not apply in relation to the member may be made by:

                     (a)  the body; or

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

                     (c)  if the body is a committee—the Council, or each of the Councils, for which the committee was established to assist.

49  Subsection 60(3)

Omit “a prescribed body under subsection (2)”, substitute “the body under subsection (2A)”.

50  Subsection 60(4)

Repeal the subsection.

51  Subsection 61(1)

Omit “The Board or a”, substitute “A”.

52  Subsection 61(1)

Omit “the Board or”.

53  Subsection 61(2)

Omit “the Board or” (wherever occurring).

54  Subsection 62(1)

Omit “the Board” (first occurring), substitute “a Council”.

55  Subsection 62(1)

Omit “Board” (second occurring), substitute “Council”.

56  Paragraph 62(2)(a)

Omit “the Board”, substitute “a Council”.

57  At the end of section 62

Add:

             (3)  The Minister may delegate his or her power under subsection 55(4) to the Secretary of the Department.

58  Subsection 63(1)

Omit “of the Board and”.

 



 

59  Definition

In this Part, unless the contrary intention appears:

amended Act means the Employment, Education and Training Act 1988 as amended by Part 1 of this Schedule.

commencement means the commencement of this Part.

60  Report on operations of the Board and Councils

(1)        As soon as practicable after the commencement, the Minister must cause to be prepared a report on the operations of the Board and of the Councils during the period that:

                     (a)  started at the end of the last period in respect of which a report on the operations of the Board and of the Councils was given to the Minister; and

                     (b)  ended immediately before the commencement.

(2)        The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister received the report.

61  Existing matters referred to the Higher Education Council

A matter that was referred to the Higher Education Council by the Board under paragraph 25(1)(a) of the Employment, Education and Training Act 1988 before the commencement is taken, after the commencement, to have been referred to the Council by the Minister under that paragraph of the amended Act.

62  Existing matters referred to the Australian Research Council

A matter that was referred to the Australian Research Council by the Board under paragraph 27(1)(a) or (b) of the Employment, Education and Training Act 1988 before the commencement is taken, after the commencement, to have been referred to the Council by the Minister under that paragraph of the amended Act.

63  Existing Chairperson of the Higher Education Council

If, immediately before the commencement, a person was the Chairperson of the Higher Education Council on a part-time basis and at the same time was a member of the Board appointed on a full-time basis, the person’s appointment as the Chairperson of the Council:

                     (a)  continues in force as if the appointment had been on a full-time basis; and

                     (b)  so continues in force on the same terms and conditions as the terms and conditions of the person’s appointment as a member of the Board.

64  Existing Chairperson of the Australian Research Council

If, immediately before the commencement, a person was the Chairperson of the Australian Research Council on a part-time basis and at the same time was a member of the Board appointed on a full-time basis, the person’s appointment as the Chairperson of the Council:

                     (a)  continues in force as if the appointment had been on a full-time basis; and

                     (b)  so continues in force on the same terms and conditions as the terms and conditions of the person’s appointment as a member of the Board.

65  Existing committees to assist Higher Education Council

A committee established to assist the Higher Education Council and that existed immediately before the commencement continues to be a committee to assist the Council as if it had been established under subsection 36(1) of the amended Act.

66  Existing committees to assist Australian Research Council

A committee established to assist the Australian Research Council and that existed immediately before the commencement continues to be a committee to assist the Council as if it had been established under subsection 36(1) of the amended Act.

67  Existing members of the committee for the Higher Education Council

A person who, immediately before the commencement, was a member of a committee that had been established to assist the Higher Education Council:

                     (a)  continues to be a member of that committee:

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

                             (ii)  on the same terms and conditions on which he or she was holding office immediately before the commencement; and

                     (b)  is taken to have been appointed under subsection 37(1) of the amended Act.

68  Existing members of the committee for the Australian Research Council

A person who, immediately before the commencement, was a member of a committee that had been established to assist the Australian Research Council:

                     (a)  continues to be a member of that committee:

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

                             (ii)  on the same terms and conditions on which he or she was holding office immediately before the commencement; and

                     (b)  is taken to have been appointed under subsection 37(1) of the amended Act.

69  Existing Counsellors for the Higher Education Council

A person who, immediately before the commencement, was a Counsellor who had been appointed to give advice to the Higher Education Council:

                     (a)  continues to be a Counsellor for the Council:

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

                             (ii)  on the same terms and conditions on which he or she was holding office immediately before the commencement; and

                     (b)  is taken to have been appointed under subsection 57(1) of the amended Act.

70  Existing Counsellors for the Australian Research Council

A person who, immediately before the commencement, was a Counsellor who had been appointed to give advice to the Australian Research Council:

                     (a)  continues to be a Counsellor for the Council:

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

                             (ii)  on the same terms and conditions on which he or she was holding office immediately before the commencement; and

                     (b)  is taken to have been appointed under subsection 57(1) of the amended Act.



 

Bounty (Books) Act 1986

1  Subsection 4(1) (paragraph (b) of the definition of recognised educational institution )

Repeal the paragraph, substitute:

                     (b)  a school other than a school conducted for the profit, directly or indirectly, of an individual or individuals; or

2  Subsection 4(1)

Insert:

school means:

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

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

Overseas Student (Refunds) Act 1990

3  Section 3

Insert:

school means:

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

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

4  Subparagraph 4(1)(b)(iii)

Omit “within the meaning of that Act”.