TAFE Queensland Regulation 2013

1Short title

This regulation may be cited as the TAFE Queensland Regulation 2013.

2Commencement

This regulation commences on 1 July 2013.

pt 1 div 2 hdg prev div 2 hdg om 2014 SL No. 101s 4

pres div 2 hdg ins 2014 SL No. 101s 6

4Key definitions

(1)In this regulation—

former statutory TAFE institute means each of the following—

(a)the Gold Coast Institute of TAFE established as a statutory TAFE institute under the VETE Act, section 218A;

(b)the Southbank Institute of Technology established as a statutory TAFE institute under the VETE Act, section 218A.

new TAFE institute means each of the following—

(a)the Gold Coast Institute of TAFE established by the Minister as a TAFE institute under the VETE Act, section 192(1)(a) on the changeover day;

(b)the Southbank Institute of Technology established by the Minister as a TAFE institute under the VETE Act, section 192(1)(a) on the changeover day.

(2)A former statutory TAFE institute is related to a new TAFE institute, and vice versa, if the former statutory TAFE institute has the same name as the new TAFE institute.

Notes—

1The Gold Coast Institute of TAFE established as a statutory TAFE institute under the VETE Act, section 218A is related to the Gold Coast Institute of TAFE established by the Minister as a TAFE institute under the VETE Act, section 192(1)(a) on the changeover day.

2The Southbank Institute of Technology established as a statutory TAFE institute under the VETE Act, section 218A is related to the Southbank Institute of Technology established by the Minister as a TAFE institute under the VETE Act, section 192(1)(a) on the changeover day.

s 4 def changeover day om 2014 SL No. 101s 7

5Dictionary

The dictionary in schedule 1 defines particular words used in this regulation.

s 5 amd 2013 SL No. 109s 16sch 1pt 1

5APurpose of pt 2—Act, s 50

The purpose of this part is to provide for the restructure of each former statutory TAFE institute.

s 5A (prev s 3) amd 2014 SL No. 101s 5(1)–(2)

reloc and renum 2014 SL No. 101s 5(3)

6Transfer of businesses, assets and liabilities

On the changeover day, the businesses, assets and liabilities of each former statutory TAFE institute become the businesses, assets and liabilities of the department.

7Successor in law

The department is the successor in law of each former statutory TAFE institute.

8Instruments

(1)A FSTI instrument applies to the department in place of a former statutory TAFE institute.

(2)Without limiting subsection (1)—

(a)any right, title, interest or liability of a former statutory TAFE institute arising under or relating to a FSTI instrument is taken to be transferred from the former statutory TAFE institute to the department; and

(b)a FSTI instrument, including a benefit or right provided by a FSTI instrument, given to, by or in favour of a former statutory TAFE institute is taken to have been given to, by or in favour of the department; and

(c)the department is taken to be a party to each FSTI instrument in place of the former statutory TAFE institute; and

(d)a reference to a former statutory TAFE institute in a FSTI instrument is taken to be a reference to the department; and

(e)an application in relation to a FSTI instrument made in the name of a former statutory TAFE institute is taken to have been made in the department’s name; and

(f)a FSTI instrument under which an amount is, or may become, payable to or by a former statutory TAFE institute is taken to be an instrument under which the amount is, or may become, payable to or by the department in the way the amount was, or might have become, payable to or by the former statutory TAFE institute; and

(g)a FSTI instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by a former statutory TAFE institute is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the department in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the former statutory TAFE institute.

(3)In this section—

FSTI instrument means an instrument that is shown in the instrument schedule of a former statutory TAFE institute as an instrument applying to the former statutory TAFE institute.

instrument schedule means a schedule held by the chief executive showing the instruments applying to a former statutory TAFE institute immediately before the changeover day.

9Student enrolments

A person who, immediately before the changeover day, was enrolled as a student of a former statutory TAFE institute is enrolled as a student of the related new TAFE institute.

10Employees

(1)This section applies to a person who, immediately before the changeover day, was an employee under the VETE Act of a former statutory TAFE institute.

(2)The person becomes an employee of the department, and the chief executive of the department is taken to be the person's employer instead of the former statutory TAFE institute, from the changeover day.

(3)The person is entitled to all existing and accruing rights of employment applying to the person immediately before the changeover day.

(4)To remove any doubt, it is declared that the person is not a public service employee.

11Applications made to executive officer of former statutory TAFE institute

The following applications made to the executive officer of a former statutory TAFE institute, but not finally dealt with before the changeover day, may be dealt with by the director of the related new TAFE institute—

(a)an application under the VETE Regulation, section 30J, 30K or 30L for exemption from all or part of a student contribution fee or ACE tuition fee;

(b)an application under the VETE Regulation, section 30M for time to pay student contribution fees;

(c)an application under the VETE Regulation, section 30P or 30Q for a refund of fees;

(d)an application under the VETE Regulation, section 30S for reconsideration of a refusal of an application for a fee exemption, refund or time to pay.

12Supervising registered training organisation

If, immediately before the changeover day, a former statutory TAFE institute was, under the VETE Act, chapter 3, part 2, a supervising registered training organisation for an apprentice or trainee, the related new TAFE institute is the supervising registered training organisation for the apprentice or trainee.

13Pending legal proceedings

A legal proceeding that could have been started or continued by or against a former statutory TAFE institute before the changeover day must be started or continued by or against the department.

14Transfer of records

The records of a former statutory TAFE institute become the records of the department.

15Dissolution of each former statutory TAFE institute—Act, s 53

(1)This section applies immediately after the assets and liabilities of each former statutory TAFE institute become the assets and liabilities of the department.

(2)Each former statutory TAFE institute is dissolved.

pt 3 hdg prev pt 3 hdg om RA s 7(1)(k)

pres pt 3 hdg ins 2014 SL No. 101s 8

16Dual sector entity—Act, s 57B

For the Act, section 57B(1), CQ university is prescribed as a dual sector entity.

s 16 prev s 16 om RA s 40

pres s 16 ins 2014 SL No. 101s 8

17Prescribed amount for proposed significant action—Act, s 57O

For the Act, section 57O(1)(c), the prescribed amount for proposed significant action for CQ university is $3,000,000

s 17 ins 2014 SL No. 101s 8

pt 4 hdg ins 2014 SL No. 101s 8

pt 4 div 1 hdg ins 2014 SL No. 101s 8

18Purpose of pt 4—Act, s 50

The purpose of this part is to provide for the transfer of businesses, assets and liabilities and other related matters for TAFE institutes, other than CQIT.

s 18 ins 2014 SL No. 101s 8

19Definitions for pt 4

In this part—

excluded assets and liabilities schedule, for a TAFE institute, means the schedule held by the chief executive showing particular assets and liabilities of the State relating to the TAFE institute immediately before the transfer day.

instrument schedule, for a TAFE institute, means the schedule held by the chief executive showing the instruments applying to the TAFE institute immediately before the transfer day.

TAFE-related instrument, for a TAFE institute, means an instrument shown in the instrument schedule for the TAFE institute.

transfer day means 1 July 2014.

transferring businesses, assets and liabilities see section 20(1).

transferring employee see section 21(1)

transferring student see section 26

s 19 ins 2014 SL No. 101s 8

20Meaning of transferring businesses, assets and liabilities

(1)The transferring businesses, assets and liabilities are the businesses, assets and liabilities of the State relating to a TAFE institute other than the assets and liabilities shown in the excluded assets and liabilities schedule for the TAFE institute.

(2)To remove any doubt, it is declared that the businesses, assets and liabilities of the State relating to a new TAFE institute include the businesses, assets and liabilities of the related former statutory TAFE institute that were transferred to the department under section 6.

s 20 ins 2014 SL No. 101s 8

21Meaning of transferring employee

(1)Each of the following persons is a transferring employee—

(a)a person, other than a person shown in the excluded employee schedule, who—

(i)became an employee of the department under section 10(2) and was an employee of the department immediately before the transfer day; or

(ii)was otherwise an employee of the department in relation to a TAFE institute immediately before the transfer day;

(b)a person shown in the transferring employee schedule.

(2)In this section—

excluded employee schedule, means the schedule of that name held by the chief executive showing particular persons who were employed by the department in relation to the TAFE institute immediately before the transfer day.

transferring employee schedule means the schedule of that name held by the chief executive showing particular persons who were employed by the department in relation to a TAFE institute immediately before the transfer day.

s 21 ins 2014 SL No. 101s 8

pt 4 div 2 hdg ins 2014 SL No. 101s 8

22Transfer of transferring businesses, assets and liabilities

On the transfer day, the transferring businesses, assets and liabilities become the businesses, assets and liabilities of TAFE Queensland.

s 22 ins 2014 SL No. 101s 8

23Accounting treatment for transferring assets and liabilities

(1)For accounting purposes, the department and TAFE Queensland must treat—

(a)the transfer of the transferring assets to, and the assumption of the transferring liabilities by, TAFE Queensland as a redemption of, or increase in, contributed equity, as applicable; and

(b)the value of the transferring assets transferred to, and the transferring liabilities assumed by, TAFE Queensland as being equivalent to the carrying value of the assets and liabilities, as applicable, recorded in the accounts of the department immediately before the transfer day.

(2)In this section—

transferring assets means the assets of the State relating to a TAFE institute, other than the assets shown in the excluded assets and liabilities schedule for the TAFE institute.

transferring liabilities means the liabilities of the State relating to a TAFE institute, other than the liabilities shown in the excluded assets and liabilities schedule for the TAFE institute.

s 23 ins 2014 SL No. 101s 8

24Successor in law

TAFE Queensland is the successor in law of each TAFE institute, other than in relation to the following—

(a)the assets and liabilities of the State relating to the TAFE institute shown in the excluded assets and liabilities schedule for the TAFE institute;

(b)the employees of the department relating to the TAFE institute who are not transferring employees;

(c)the records of the State relating to the TAFE institute that are not transferred to TAFE Queensland under section 30.

s 24 ins 2014 SL No. 101s 8

25Instruments

(1)A TAFE-related instrument for a TAFE institute applies to TAFE Queensland in place of the TAFE institute.

(2)Without limiting subsection (1)—

(a)any right, title, interest or liability of the TAFE institute arising under or relating to the TAFE-related instrument is taken to be transferred from the TAFE institute to TAFE Queensland; and

(b)the TAFE-related instrument, including a benefit or right provided by the TAFE-related instrument, given to, by or in favour of the TAFE institute is taken to have been given to, by or in favour of TAFE Queensland; and

(c)TAFE Queensland is taken to be a party to the TAFE-related instrument in place of the TAFE institute; and

(d)a reference to the TAFE institute in the TAFE-related instrument is taken to be a reference to TAFE Queensland; and

(e)an application in relation to the TAFE-related instrument made in the name of the TAFE institute is taken to have been made in TAFE Queensland’s name; and

(f)if an amount is, or may become, payable to or by the TAFE institute under the TAFE-related instrument, the instrument is taken to be an instrument under which the amount is, or may become, payable to or by TAFE Queensland in the way the amount was, or might have become, payable to or by the TAFE institute; and

(g)if property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the TAFE institute under the TAFE-related instrument, the instrument is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by TAFE Queensland in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the TAFE institute.

s 25 ins 2014 SL No. 101s 8

26Student enrolments

A person (a transferring student) who, immediately before the transfer day, was enrolled as a student of a TAFE institute is taken on the transfer day to be enrolled as a student of TAFE Queensland.

s 26 ins 2014 SL No. 101s 8

27Transfer of employees

(1)On the transfer day—

(a)each transferring employee stops being an employee of the department and becomes an employee of TAFE Queensland; and

(b)the liabilities of the State relating to each transferring employee’s accrued rights to annual, sick, long service or other leave and superannuation become the liabilities of TAFE Queensland.

(2)To remove any doubt, it is declared that a transferring employee is not a public service employee.

s 27 ins 2014 SL No. 101s 8

28Supervising registered training organisation

(1)This section applies if, immediately before the transfer day, a TAFE institute was, under the VETE Act, chapter 3, part 2, a supervising registered training organisation for an apprentice or trainee.

(2)On the transfer day, TAFE Queensland is taken to be the supervising registered training organisation for the apprentice or trainee.

s 28 ins 2014 SL No. 101s 8

29Pending legal proceedings

(1)This section applies for a legal proceeding that, before the transfer day, could have been started or continued by or against the State in relation to any of the following—

(a)a TAFE-related instrument;

(b)any of the transferring businesses, assets and liabilities;

(c)a transferring employee;

(d)a transferring student;

(e)a record transferred to TAFE Queensland under section 30.

(2)The legal proceeding must be started or continued by or against TAFE Queensland.

s 29 ins 2014 SL No. 101s 8

30Transfer of records

On the transfer day, the following records become the records of TAFE Queensland—

(a)the records of the State relating to the transferring businesses, assets and liabilities;

(b)the records of the State relating to each transferring employee and transferring student.

s 30 ins 2014 SL No. 101s 8

pt 5 hdg ins 2014 SL No. 101s 8

pt 5 div 1 hdg ins 2014 SL No. 101s 8

31Purpose of pt 5—Act, s 50

The purpose of this part is to provide for the transfer of businesses, assets and liabilities and other related matters for CQIT.

s 31 ins 2014 SL No. 101s 8

32Definitions for pt 5

In this part —

CQIT instrument means an instrument shown in the CQIT instrument schedule as an instrument applying to CQIT.

CQIT instrument schedule means a schedule held by the chief executive showing the instruments applying to CQIT immediately before the transfer day.

excluded CQIT assets and liabilities schedule means the schedule held by the chief executive showing particular assets and liabilities of the State relating to CQIT immediately before the transfer day.

transfer day means 1 July 2014.

transferring CQIT businesses, assets and liabilities see section 33.

transferring CQIT employee see section 34(1).

transferring CQIT student see section 38.

s 32 ins 2014 SL No. 101s 8

33Meaning of transferring CQIT businesses, assets and liabilities

The transferring CQIT businesses, assets and liabilities are the businesses, assets and liabilities of the State relating to CQIT other than the assets and liabilities shown in the excluded CQIT assets and liabilities schedule.

s 33 ins 2014 SL No. 101s 8

34Meaning of transferring CQIT employee

(1)A transferring CQIT employee is a person, other than a person shown in the excluded employee schedule, who was an employee of the department in relation to CQIT immediately before the transfer day.

(2)In this section—

excluded employee schedule means the schedule held by the chief executive showing particular persons who were employed by the department in relation to CQIT immediately before the transfer day.

s 34 ins 2014 SL No. 101s 8

pt 5 div 2 hdg ins 2014 SL No. 101s 8

35Transfer of transferring CQIT businesses, assets and liabilities

On the transfer day, the transferring CQIT businesses, assets and liabilities become the businesses, assets and liabilities of CQ university.

s 35 ins 2014 SL No. 101s 8

36Successor in law

CQ university is the successor in law of CQIT, other than in relation to the following—

(a)the assets and liabilities of the State relating to CQIT shown in the excluded CQIT assets and liabilities schedule;

(b)employees of the department relating to CQIT who are not transferring CQIT employees;

(c)records of the State relating to CQIT that are not transferred to CQ university under section 43.

s 36 ins 2014 SL No. 101s 8

37Instruments

(1)A CQIT instrument applies to CQ university in place of CQIT.

(2)Without limiting subsection (1)—

(a)any right, title, interest or liability of CQIT arising under or relating to a CQIT instrument is taken to be transferred from CQIT to CQ university; and

(b)a CQIT instrument, including a benefit or right provided by a CQIT instrument, given to, by or in favour of CQIT is taken to have been given to, by or in favour of CQ university; and

(c)CQ university is taken to be a party to each CQIT instrument in place of CQIT; and

(d)a reference to CQIT in a CQIT instrument is taken to be a reference to CQ university; and

(e)an application in relation to a CQIT instrument made in the name of CQIT is taken to have been made in CQ university’s name; and

(f)a CQIT instrument under which an amount is, or may become, payable to or by CQIT is taken to be an instrument under which the amount is, or may become, payable to or by CQ university in the way the amount was, or might have become, payable to or by CQIT; and

(g)a CQIT instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by CQIT is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by CQ university in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by CQIT.

s 37 ins 2014 SL No. 101s 8

38Student enrolments

A person (a transferring CQIT student) who, immediately before the transfer day, was enrolled as a student of CQIT is taken on the transfer day to be enrolled as a student of CQ university.

s 38 ins 2014 SL No. 101s 8

39Transfer of CQIT employees

On the transfer day—

(a)each transferring CQIT employee stops being an employee of the department and becomes an employee of CQ university; and

(b)the liabilities of the State relating to each transferring CQIT employee’s accrued rights to annual, sick, long service or other leave and superannuation become the liabilities of CQ university.

s 39 ins 2014 SL No. 101s 8

40Effect of transfer of employees

The transfer of an employee under section 39 does not—

(a)affect whether the employee is employed on a full-time, part-time or casual basis; or

(b)affect the employee’s ordinary weekly hours of work; or

(c)affect the employee’s entitlements in relation to overtime; or

(d)affect the employee’s total remuneration; or

(e)prejudice the employee’s existing or accruing rights to superannuation or annual, sick, long service or other leave; or

(f)interrupt the employee’s continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or

(g)constitute a retrenchment, redundancy or termination of the employee’s employment; or

(h)entitle the employee to a payment or other benefit because the employee is no longer employed by the department.

s 40 ins 2014 SL No. 101s 8

41Supervising registered training organisation

(1)This section applies if, immediately before the transfer day, CQIT was, under the VETE Act, chapter 3, part 2, a supervising registered training organisation for an apprentice or trainee.

(2)On the transfer day, CQ university is taken to be the supervising registered training organisation for the apprentice or trainee.

s 41 ins 2014 SL No. 101s 8

42Pending legal proceedings

(1)This section applies for a legal proceeding that, before the transfer day, could have been started or continued by or against the State in relation to any of the following—

(a)a CQIT instrument;

(b)any of the transferring CQIT businesses, assets and liabilities;

(b)a transferring CQIT employee;

(c)a transferring CQIT student;

(d)a record transferred to CQ university under section 43.

(2)The legal proceeding must be started or continued by or against CQ university.

s 42 ins 2014 SL No. 101s 8

43Transfer of records

(1)On the transfer day, the following records become the records of CQ university—

(a)the records of the State relating to the transferring CQIT businesses, assets and liabilities, other than the excluded records;

(b)the records of the State relating to each transferring CQIT employee and transferring CQIT student.

(2)Despite subsection (1)(a), the State must give CQ university the excluded hard copy records reasonably required by the university if the university makes a written request for the records.

(3)In this section—

excluded hard copy records means excluded records that are—

(a)kept in the form of a hard copy; and

(b)usually kept on premises mentioned in the excluded CQIT assets and liabilities schedule.

excluded records means the following records of the State relating to the transferring CQIT businesses, assets and liabilities—

(a)tax returns;

(b)financial reports;

(c)records that also relate to another TAFE institute;

(d)other records required to be kept under a law of the State, another State or the Commonwealth.

s 43 ins 2014 SL No. 101s 8

section 5

changeover day, for part 2, means 1 July 2013.

sch 1 def changeover day sub 2014 SL No. 101 s 9

CQIT means the TAFE institute known as the Central Queensland Institute of TAFE.

sch 1 def CQIT ins 2014 SL No. 101 s 9(2)

CQIT instrument, for part 5, see section 32.

sch 1 def CQIT instrument ins 2014 SL No. 101 s 9(2)

CQIT instrument schedule, for part 5, see section 32.

sch 1 def CQIT instrument schedule ins 2014 SL No. 101 s 9(2)

CQ university means the Central Queensland University established under the Central Queensland University Act 1998, section 4.

sch 1 def CQ university ins 2014 SL No. 101 s 9(2)

excluded assets and liabilities schedule, for part 4, see section 19.

sch 1 def excluded assets and liabilities schedule ins 2014 SL No. 101 s 9(2)

excluded CQIT assets and liabilities schedule, for part 5, see section 32.

sch 1 def excluded CQIT assets and liabilities schedule ins 2014 SL No. 101 s 9(2)

former statutory TAFE institute see section 4(1).

instrument schedule, for part 4, see section 19.

sch 1 def instrument schedule ins 2014 SL No. 101 s 9(2)

new TAFE institute see section 4(1).

related, former statutory TAFE institute and new TAFE institute, see section 4(2).

TAFE-related instrument, for part 4, see section 19.

sch 1 def TAFE-related instrument ins 2014 SL No. 101 s 9(2)

transfer day—

(a)for part 4, see section 19; or

(b)for part 5, see section 32.

sch 1 def transfer day ins 2014 SL No. 101 s 9(2)

transferring businesses, assets and liabilities, for part 4, see section 20(1).

sch 1 def transferring business, assets and liabilities ins 2014 SL No. 101 s 9(2)

transferring CQIT businesses, assets and liabilities, for part 5, see section 33.

sch 1 def transferring CQIT business, assets and liabilities ins 2014 SL No. 101 s 9(2)

transferring CQIT employee, for part 5, see section 34.

sch 1 def transferring CQIT employee ins 2014 SL No. 101 s 9(2)

transferring CQIT student, for part 5, see section 38.

sch 1 def transferring CQIT student ins 2014 SL No. 101 s 9(2)

transferring employee, for part 4, see section 21.

sch 1 def transferring employee ins 2014 SL No. 101 s 9(2)

transferring student, for part 4, see section 26.

sch 1 def transferring student ins 2014 SL No. 101 s 9(2)

VETE Regulation means the Vocational Education, Training and Employment Regulation 2000.

sch 1 prev sch 1 om RA ss 7(1)(k), 37, 40

pres sch 1 (prev sch 2) renum 2013 SL No. 109 s 16 sch 1 pt 1