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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Technical and Further Education
Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Technical and Further Education
Commission Act 1990 No 118 2
Schedule 1 Amendments 3
b99-602-p02.811
New South Wales
Technical and Further Education
Commission Amendment (Closure of
TAFE Establishments) Bill 2000
No , 2000
A Bill for
An Act to amend the Technical and Further Education Commission Act 1990 so
as to require consultation and review before any TAFE establishment is closed; and
for other purposes.
Clause 1 Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Technical and Further Education Commission 3
Amendment (Closure of TAFE Establishments) Act 2000. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Technical and Further Education Commission Act 7
1990 No 118 8
The Technical and Further Education Commission Act 1990 is 9
amended as set out in Schedule 1. 10
Page 2
Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 7 Miscellaneous functions 3
Insert after section 7 (1) (a): 4
(a1) close any TAFE establishment, but only in accordance 5
with Part 3A (if that Part applies), and 6
[2] Part 3A 7
Insert after section 8: 8
Part 3A Closure of TAFE establishments 9
8A Closure of TAFE establishments must be in accordance with 10
this Part 11
(1) The TAFE Commission must not close any TAFE 12
establishment except in accordance with this Part. 13
(2) For the purposes of this Act, a TAFE establishment is closed 14
when it ceases to provide technical and further education. 15
8B Commencement of procedure to close a TAFE establishment 16
The TAFE Commission may, if it proposes to close a TAFE 17
establishment, commence the procedure set out in this Part by: 18
(a) giving notice of the proposal, in accordance with section 19
8C, to each person or body, and in each type of 20
newspaper, referred to in that section, and 21
(b) establishing a TAFE Establishment Closure Review 22
Committee in accordance with section 8D. 23
Page 3
Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Schedule 1 Amendments
8C Notice of proposal to close a TAFE establishment 1
(1) Written notice of a proposal to close a TAFE establishment 2
must be given to: 3
(a) the Executive Officer of the TAFE establishment 4
concerned, and 5
(b) the student representative body of the TAFE 6
establishment, 7
(c) the NSW Teachers Federation, and 8
(d) the Public Service Association of NSW, and 9
(e) the Federation of Parents and Citizens' Association of 10
NSW. 11
(2) Notice of such a proposal must also be published in: 12
(a) at least one local newspaper circulating generally in the 13
area in which the TAFE establishment is located, and 14
(b) at least one newspaper circulating throughout the State. 15
8D TAFE Establishment Closure Review Committee 16
(1) The TAFE Commission must establish a TAFE Establishment 17
Closure Review Committee within 28 days after giving public 18
notice under section 8C (2) (a) of any proposal to close a TAFE 19
establishment. 20
(2) A TAFE Establishment Closure Review Committee is to 21
comprise: 22
(a) an independent person appointed by the TAFE 23
Commission, who is to chair the Committee, and 24
(b) the Managing Director or a nominee of the Managing 25
Director, and 26
(c) a nominee of the Local Government Association of 27
New South Wales, and 28
(d) a nominee of the student representative body of the 29
TAFE establishment, and 30
(e) a nominee of the New South Wales Teachers 31
Federation, and 32
(f) a nominee of the TAFE Commission. 33
Page 4
Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Amendments Schedule 1
(3) The procedure of a TAFE Establishment Closure Review 1
Committee is to be as determined by the Minister. 2
(4) If the TAFE Commission proposes to close more than one 3
TAFE establishment, a separate TAFE Establishment Closure 4
Review Committee is to be established in relation to each 5
TAFE establishment that is proposed to be closed. 6
8E Conduct of review of proposed closure 7
(1) A TAFE Establishment Closure Review Committee must 8
review the proposal to close the TAFE establishment to which 9
it relates. 10
(2) In conducting a review in relation to a TAFE establishment, the 11
Committee: 12
(a) is to call for submissions and seek expert demographic 13
and educational advice on both the present and possible 14
future use of the TAFE establishment, and 15
(b) is to seek and have regard to the views of the local 16
community concerned, staff of the TAFE establishment 17
and students attending the TAFE establishment, and 18
(c) is required to meet with representatives of those local 19
communities, staff and students. 20
(3) In making any recommendations concerning the closure of the 21
TAFE establishment, the Committee is to have regard 22
primarily to the educational needs of the local community 23
concerned and of the State. 24
8F Recommendations of TAFE Establishment Closure Review 25
Committee 26
(1) A TAFE Establishment Closure Review Committee is to make 27
recommendations to the TAFE Commission concerning the 28
closure of the TAFE establishment to which the Committee 29
relates. 30
(2) Such recommendations must be made no earlier than 18 31
months after the Committee is established. 32
Page 5
Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Schedule 1 Amendments
8G TAFE Commission must not act until Committee makes 1
recommendation 2
(1) The TAFE Commission must not close a TAFE establishment 3
until the TAFE Establishment Closure Review Committee that 4
relates to that proposed closure has made its recommendations 5
under section 8F. 6
(2) If the TAFE Commission decides not to accept any 7
recommendation of the TAFE Establishment Closure Review 8
Committee, the TAFE Commission must make public the 9
reasons for its decision. 10
8H Application of this Part 11
The procedure set out in this Part does not apply to the closure 12
of a TAFE establishment if: 13
(a) the TAFE Commission Board is satisfied that there are 14
exceptional or emergency circumstances that require an 15
earlier closure of the TAFE establishment, or 16
(b) a majority of the students attending a particular TAFE 17
establishment have, either before or after the making of 18
an announcement under this Part, expressed their 19
consent to the closure by writing (either individually or 20
collectively) to the Minister or the TAFE Commission. 21
[3] Schedule 4 Savings, transitional and other provisions 22
Insert after clause 10: 23
Part 4 Provisions consequent on enactment of 24
amendments 25
11 Provision consequent on enactment of Technical and Further 26
Education Commission Amendment (Closure of TAFE 27
Establishments) Act 2000 28
(1) The amendments made by the amending Act extend to any 29
proposed closure of a TAFE establishment that was under 30
consideration immediately before the date of assent to the 31
amending Act. 32
Page 6
Technical and Further Education Commission Amendment (Closure of
TAFE Establishments) Bill 2000
Amendments Schedule 1
(2) After the date of assent to the amending Act no TAFE 1
establishment is to be closed otherwise than in accordance with 2
the provisions of Part 3A (if they apply). 3
(3) In this clause, amending Act means the Technical and Further 4
Education Commission Amendment (Closure of TAFE 5
Establishments) Act 2000. 6
Page 7
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