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1998-99
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
EMPLOYMENT, EDUCATION AND TRAINING AMENDMENT BILL 1999
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister
for Education, Training and Youth Affairs,
the Hon
Dr David Kemp MP)
ISBN: 0642 392099
EMPLOYMENT, EDUCATION AND TRAINING AMENDMENT BILL 1999
OUTLINE
The Employment, Education and Training Act 1988
(“the Act”) established the National Board of Employment, Education
and Training (“the Board”) to provide the Minister with advice on
matters relating to employment, education and training. The Act established
Councils, and provided for committees and counsellors to be appointed to assist
the Board and the Minister.
Under the Act, the
Australian Language and Literacy Council, the Australian Research Council, the
Employment and Skills Council, the Higher Education Council and the Schools
Council report to the Minister through the Board. These arrangements have
become cumbersome and the Board and its Councils no longer provide the focus of
advice that the Government requires.
The
Councils, other than the Australian Research Council, are no longer in
operation.
This Bill provides for the
abolition of the Board, the Australian Language and Literacy Council, the
Employment and Skills Council and the Schools Council and the Higher Education
Council. The Australian Research Council will continue as an independent
Council, with similar functions, reporting directly to the Minister. The Bill
provides for amendments required to continue mechanisms for the appointment of
committees and counsellors which will assist the Australian Research Council.
The Bill also has the effect of including the University of the Sunshine Coast
and the University of Notre Dame Australia within the definition of
“higher education institution” in the Act. Other technical and
consequential amendments are also included.
FINANCIAL IMPACT
The Bill will have no identifiable financial
impact.
EMPLOYMENT, EDUCATION AND TRAINING AMENDMENT BILL 1999
NOTES ON CLAUSES
Clause 1 - Short
Title
This clause would provide for
the Act to be cited as the Employment, Education and Training Amendment Act
1999.
Clause 2 -
Commencement
This clause would
provide for the Act to commence on the day on which it receives the
Royal Assent.
Clause 3 -
Schedule(s)
This clause would
provide that each Act which is specified in a Schedule to this Bill would be
amended or repealed in accordance with the applicable item in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
SCHEDULE 1 - EMPLOYMENT, EDUCATION
AND TRAINING ACT
1988
PART 1 - AMENDMENTS
Subsection 3(1) of the Employment, Education and
Training Act 1988 (“the Act”) contains definitions used within
the Act. Certain defined terms will no longer be required because of the effect
of the proposed amendments. These items repeal the definition of
“Board”, “parent body” and “school
system”.
Redefines the definition of “Council” in
subsection 3(1) as the Australian Research Council.
Repeals section 4, which provides for a variation to
Schedule 1. As Schedule 1 is to be repealed by item 66, section 4 is no longer
required.
Item
7
Repeals Part II of the Act which
presently provides for the establishment, functions, powers, constitution and
meetings of the National Board of Employment, Education and Training (“the
Board”).
Items 8 and
9
Repeal the headings to Part III and
Division 1 of Part III of the Act and substitute new
headings.
Items 10 and
11
Repeal sections 23, 24, 25 and 26 to
reflect the abolition of the Schools Council, the Higher Education Council, the
Employment and Skills Council and the Australian Language and Literacy Council
and provides for the retention of the Australian Research Council.
Clarifies that any recommendations made by the
Australian Research Council to the Minister at paragraph 27(1)(a) are to be in
writing.
Items 13 and
16
Make technical amendments to subsection
27(1).
Items 14, 15, 17, 21 and
31
Remove references to the Board at
subsections 27(1) 29(1) and 31(2) to reflect the abolition of the Board by items
7. Items 14, 17 and 21, substitute references to the Minister in subsections
27(1) and 29(1).
Item
18
Adds a new paragraph (d) to subsection
27(1) to include among the functions of the Australian Research Council, the
preparation of reports to the Minister under section
30.
Items 19, 20 and
24
Repeal sections 27A and 28 and
subsections 27(2) and 29(2) to reflect the abolition of the Board and the
Australian Language and Literacy
Council.
Items 22, 23, 25 and
27
Make technical amendments to subsections
29(1), 29(3) and 29(4) to reflect the abolition of
Councils by items 10, 11 and 20.
Item
26
Inserts a new subsection 29(3A) to
provide for the tabling of any direction or guideline given by the Minister to
the Council.
Item
28
Repeals section 30 and substitutes a new
section which deals with the content, timing and tabling requirements of reports
prepared for the Minister by the Council.
Item
34
Repeals subsection 32(3) and substitutes
a new subsection permitting the Minister to appoint an officer or employee of
the Australian Public Service as a member of the
Council.
Item
38
Repeals section 34, which deals with the
powers of the Chairperson of the Board. The Board is abolished by item
7.
Substitute “a Chairperson” with “the
Chairperson” at subsections 35C(1) and
35F(2).
Item
42
Repeals section 36 and substitutes a new
section permitting the Minister to establish a committee to assist the Council.
Item
43
Repeals subsection 37(1) and substitutes
a new subsection providing for the appointment of committee members by the
Council, subject to the approval of the Minister.
Item
44
Repeals paragraph 37(2)(a) to remove the
redundant reference to “parent bodies” in relation to the
constitution of a committee.
Amend sections 37, 55, 57, 61,62 and 63, to remove
references to the Board and to reflect the fact that there is now only one
Council.
Item
46
Repeals section 38 which deals with the
functions of committees. New provisions have been substituted to reflect the
fact that there is now only one Council.
Item
50
Adds a new subsection 55(4) which deals
with the resolution of conflicts between the Director and the
Council.
Item
51
Repeals subsection 57(1) and substitutes
a new subsection permitting the Minister to appoint Counsellors after
consultation with the Chairperson of the Council.
Items
53-56
Amend section 60 to remove references
to the Board and to reflect the fact that there is now only one Council.
Item
64
Inserts a new subsection 62(3)
permitting the Minister to delegate his or her power under subsection 55(4)
[inserted by item 50], to the Secretary of the Department.
Item
66
Repeals Schedule 1 which is no longer
required with the abolition of the Higher Education Council and the changes to
the definition of “higher education institution” in subsection 3(1)
made by item 3.
PART 2 - TRANSITIONAL PROVISIONS
Item
67
Inserts definitions of “amended
Act”, “Board” and “commencement” to apply in
respect of the transitional provisions.
Clarifies that the Australian Research Council
referred to in section 23 of the amended Act is a continuation of the Council
referred to in paragraph 23(d) of the Act.
Item
69
Provides that a matter referred to the
Australian Research Council before the commencement of this Part is to continue
as if it had been referred after the
commencement.
Item
70
Provides that if immediately before the
commencement a person held an appointment with the Australian Research Council
they continue to hold that appointment on the same terms and conditions for the
remained of their appointment term. It also provides that if a person was the
Chairperson of the Australian Research Council on a part-time basis and
appointed to the Board on a full-time basis, that person is to continue as the
full-time Chairperson of the Australian Research Council under the existing
terms and conditions of the full-time appointment to the
Board.
Item
71
Provides that a committee established to
assist the Australian Research Council which existed immediately before the
commencement is to continue as a committee assisting the Australian Research
Council as if it was a committee established under subsection 36(1) after the
commencement.
Item
72
Provides that a person who was a member
of a committee established to assist the Australian Research Council before the
commencement, is to continue to be as a member of that committee for the
remainder of the original appointment period and under the same terms and
conditions, as if they had been appointed under subsection 37(1) after the
commencement.
Item
73
Provides that a person who was a
Counsellor appointed to give advice to the Australian Research Council before
the commencement, is to continue as a Counsellor for the remainder of their
original appointment period and under their existing terms and conditions as if
they had been appointed under subsection 57(1) after the
commencement.
Item
74
Provides for the continuation of
existing directions or guidelines made under subsection
29(1).
Item
75
Provides that any determinations made in
relation to the Australian Research Council or a committee established to assist
that Council under subsection 60(2) before the commencement is to be treated as
a determination under subsection 60(2A) after the commencement.