Commonwealth Numbered Acts

TRADE UNION TRAINING AUTHORITY AMENDMENT ACT 1978 No. 92 of 1978 - SECT 16

16. (1) Division 2 of Part V of the Principal Act is repealed and the
following Division substituted:

                        ''Division 2-Director of Studies
Director of studies
''33. (1) There shall be a Director of Studies.

''(2) The Director shall, under the National Director, be responsible for the
management of, and the provision of training by, the College and each Trade
Union Training Centre.

''(3) The Director shall comply with the directions (if any) given by the
National Director in relation to the management of the College or of a Trade
Union Training Centre. Appointment of Director
''34. (1) The Director shall be appointed by the National Director after
consultation with the Executive Board and shall hold office on such terms and
conditions (if any) in respect of matters not provided for by this Act as are
determined by the National Director.

''(2) Subject to sub-section (3), the Director shall hold office for such
period, not exceeding 7 years, as is specified in his instrument of
appointment, but is eligible for re-appointment.

''(3) A person who has attained the age of 65 years shall not be appointed or
re-appointed as the Director and a person shall not be appointed or
re-appointed as the Director for a period that extends beyond the date on
which he will attain the age of 65 years. Remuneration of Director
''35. (1) The Director shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration by the
Tribunal is in operation, he shall be paid such remuneration as is prescribed.

''(2) The Director shall be paid such allowances as are prescribed.

''(3) Sub-sections (1) and (2) have effect subject to the Remuneration
Tribunals Act 1973.

''(4) Payments under this section shall be made out of the moneys of the
Authority. Leave of absence
''36. The National Director may grant leave of absence to the Director upon
such terms and conditions as to remuneration or otherwise as the National
Director determines. Resignation of Director
''37. The Director may resign his office by writing signed by him and
delivered to the National Director. Termination of appointment
''38. (1) The National Director may terminate the appointment of the Director
for misbehaviour or physical or mental incapacity.

''(2) If the Director-

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with his creditors
        or makes an assignment of his remuneration for their benefit;

   (b)  absents himself from duty for 14 consecutive days, or for 28 days in
        any 12 months, except on leave granted by the National Director; or

   (c)  engages, except with the approval of the National Director, in paid
        employment outside the duties of his office, the National Director
        shall terminate his appointment. Acting Director
''39. (1) The National Director may appoint a person to act as Director-

   (a)  during a vacancy in the office of Director, whether or not an
        appointment has previously been made to the office; or

   (b)  during any period, or during all periods, when the Director is absent
        from duty or from Australia, or is, for any reason, unable to perform
        the functions and duties of his office, but a person appointed to act
        during a vacancy shall not continue so to act for more than 12 months.

''(2) The National Director may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person appointed to act as Director;
        and

   (b)  at any time terminate such an appointment.

''(3) Where a person is acting as Director in accordance with paragraph (1)
(b) and the office of Director becomes vacant while that person is so acting,
that person may continue so to act until the National Director otherwise
directs, the vacancy is filled or a period of 12 months from the date on which
the vacancy occurred expires, whichever first happens.

''(4) The appointment of an acting Director ceases to have effect if he
resigns his appointment by writing signed by him and delivered to the National
Director.

''(5) Sections 36 and 37 apply in relation to a person appointed under this
section in like manner as they apply in relation to the Director.

''(6) While a person is acting as Director he has and may exercise all the
powers, and shall perform all the functions and duties, of the Director.

''(7) The validity of anything done by an acting Director shall not be called
in question on the ground that the occasion for him to act or for his
appointment had not arisen or that the occasion for him to act had passed or
his appointment had ceased to have effect.''.

(2) The person who, immediately before the commencement of this Act held
office as the Director of the College under sub-section 34 (1) of the
Principal Act, shall, subject to the Principal Act as amended by this Act,
hold office as the Director of Studies-

   (a)  for a period equal to the remainder of the term of office as Director
        of the College for which he was appointed under sub-section 34 (3) of
        the Principal Act; and

   (b)  as if he had been appointed by the National Director in accordance
        with sub-section 34 (1) of the Principal Act as amended by this Act,
        and had been so appointed on terms and conditions determined by the
        National Director under that sub-section, being terms and conditions
        the same as the terms and conditions (if any) that were applicable to
        him immediately before the commencement of this Act under sub-section
        34 (1) of the Principal Act.

(3) A person who, immediately before the date of commencement of this Act held
office as the Director of a Trade Union Training Centre for a State under
sub-section 34 (2) of the Principal Act, shall, upon that date, become an
officer of the Authority as if-

   (a)  he had been appointed by the National Director under sub-section 41
        (1) of the Principal Act as amended by this Act; and

   (b)  he had been so appointed for a period equal to the remainder of the
        term of office for which he was appointed as the Director of that
        Trade Union Training Centre.

(4) Subject to sub-section (5), the terms and conditions of service of a
person referred to in sub-section (3) shall be as determined by the National
Director with the approval of the Public Service Board.

(5) If the rate of remuneration (in this sub-section referred to as the
''present rate'') that is for the time being payable to a person who becomes
an officer of the Authority by virtue of sub-section (3) in respect of his
service with the Authority is less than the rate of remuneration (in this
sub-section referred to as the ''previous rate'') that, immediately before the
commencement of this Act, was payable to him as a Director of a Trade Union
Training Centre for a State, the Authority shall pay to the person an
allowance at a rate equal to the difference between the present rate and the
previous rate.
(6) In sub-section (5), ''remuneration'' includes any annual allowance.