Victorian Numbered Acts Victorian Numbered ActsFor sections 3.3.28, 3.3.29 and 3.3.30 of the Education and Training Reform Act 2006 substitute —
(1) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—
(a) create an adult education institution; or
(b) abolish an adult education institution; or
(c) amalgamate one or more adult education institutions; or
(d) change the name of an adult education institution.
(2) An Order in Council under this section may—
(a) establish a governing board to oversee and govern an adult education institution; or
(b) amalgamate the governing board of an adult education institution with the governing board of another adult education institution; or
(c) abolish the governing board of an adult education institution; or
(d) change the name of the governing board of an adult education institution; or
(e) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of an adult education institution or the governing board of an adult education institution or the manner of appointment or the terms and conditions of appointment of members of the governing board of an adult education institution; or
(f) make provision for
the governing board of an adult education institution to make rules for the
governance of the institution; or
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(g) make provision for the governing board of an adult education institution to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the institution or to a committee established by or under an Order in Council relating to the governing board; or
(h) amend any provision of a previous Order in Council under this section relating to an adult education institution or the governing board of an adult education institution; or
(i) make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council under this section including the rights, obligations and assignment of any property (subject to any trusts) of any adult education institution referred to in the Order in Council.
(3) The Minister must not make a recommendation for the purposes of this section unless—
(a) in the case of an Order in
Council under subsection (1), the governing board (if any) of the adult
education institution or proposed adult education institution has made a
request for the proposed Order in Council or has been consulted about the
proposed Order in Council; and
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(b) in the case of an Order in Council under subsection (2), the governing board (if any) of the adult education institution concerned has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council; and
(c) the Minister has consulted the Adult, Community and Further Education Board about the proposed Order in Council.
(4) If an Order in Council under this section changes the name of the governing board of an adult education institution—
(a) the governing board continues in existence under the new name so that its identity is not affected; and
(b) in an Act, a subordinate instrument or any other document, a reference to the governing board under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the governing board under the new name.
(5) If an Order in Council made under this section changes the name of an adult education institution—
(a) the institution continues in existence under the new name so that its identity is not affected; and
(b) in an Act, a subordinate instrument or in any other document, a reference to the institution under the former name must, except in relation to matters that occurred before the change of name, be construed as a reference to the institution under the new name; and
(c) the change of name does not affect any rights or obligations of the institution or render defective any legal proceedings by or against the institution; and
(d) any legal proceedings that might have been continued or commenced by or against the institution by its former name may be continued by or against it by its new name.
(6) If two or more adult education institutions are amalgamated under an Order in Council under this section, any legal proceedings that might have been commenced or continued by or against any of the institutions may be commenced or continued by or against the single institution formed by the amalgamation.
(7) A copy of every Order in Council made under this section must be laid before each House of Parliament as soon as practicable after it is made.
An adult education institution established under section 3.3.28—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name; and
(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers.
The objectives of an adult education institution are—
(a) to perform its functions for the public benefit by—
(i) operating its businesses, delivering educational services and utilising assets that it manages on the State's behalf as efficiently as possible; and
(ii) ensuring that it is sustainable in the medium to long term; and
(iii) ensuring that its procedures, policies and practices are consistent with prudent commercial practice; and
(iv) endeavouring to maximise its contribution to the economy and well-being of the State; and
(b) to provide the community served by the institution with efficient and effective adult, community and further education, vocational education and training, employment and other associated programs and services responsive to the needs of that community; and
(c) to facilitate adult, community and further education, knowledge acquisition and skills for employment through excellent teaching, innovation and educational leadership that delivers quality outcomes; and
(d) in the case of the governing board of AMES, monitor the structure, reach and accessibility of AMES services to maximise their availability to new and emerging communities and client groups; and
(e) in the case of governing boards except the governing board of AMES, make adequate arrangements for persons and groups which have not had or do not have adequate access to programs or services provided by the institution; and
(f) any other objective set out in—
(i) an Order in Council made under section 3.3.28 relating to the institution; or
(ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA to the extent that the objective relates to the institution.
(1) An adult education institution may perform all or any of the following functions—
(a) to undertake generally the development and provision of adult, community and further education, vocational education and training, employment and other associated programs and services considered necessary for the objectives of the adult education institution;
(b) to provide facilities or services for study, research or education;
(c) to undertake research, development, counselling or other services for commercial organisations;
(d) to aid or engage in the
development or promotion of research by the institution or the application or
use of the results of that research;
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(e) to prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software;
(f) to seek or encourage gifts to the institution or for institution purposes;
(g) to provide facilities for use by the community;
(h) any other function conferred on the institution by or under—
(i) this Act or an Order in Council made under section 3.3.28; or
(ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA.
(2) An adult education institution may perform any function referred to in subsection (1) within and outside Victoria and outside Australia.
(1) An adult education institution has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, meeting its objectives or performing its functions including any function delegated to it.
(2) Without limiting the generality of subsection (1), an adult education institution, for the purpose of meeting its objectives or performing its functions, may—
(a) be a member of a company, association trust or partnership;
(b) form or participate in the formation of a company, association, trust or partnership;
(c) enter into a joint venture with another person or persons.
(3) An adult education institution, in meeting its objectives or performing its functions, may exercise its powers within and outside Victoria and outside Australia.
(1) The functions of the governing board of an adult education institution are—
(a) to oversee the institution and ensure that the institution is managed efficiently and effectively; and
(b) to develop and implement—
(i) strategic plans and statements of corporate intent in accordance with the requirements of this Act; and
(ii) operational business plans for the institutution; and
(c) to ensure that the institution operates in accordance with its strategic plan and its statement of corporate intent; and
(d) to provide for the proper, efficient and effective performance by the institution of its functions and powers; and
(e) to determine policies relating to employment of institution staff; and
(f) to develop and issue directions for the administration and management of the institution that must be complied with by the chief executive officer and staff employed by the institution; and
(g) to give proper direction to, and exercise proper control over, the chief executive officer and other staff employed by the institution and to monitor that they are carrying out their functions in a fit and proper manner; and
(h) to advise and report on the activities of the institution to the Minister and the Secretary; and
(i) to perform any other function conferred on the governing board by or under—
(i) this Act or an Order in Council made under section 3.3.28; or
(ii) if an Order in Council has been made under sections 3.1.11(2)(c) and 3.1.26AA for the establishment of a board of a TAFE institute to oversee and govern both a TAFE institute and the institution, an Order in Council under section 3.1.11(2) and 3.1.26AA.
(2) The governing board of an adult education institution may perform any function referred to in subsection (1) within and outside Victoria and outside Australia.".