Commonwealth Numbered Acts

TRADE UNION TRAINING AUTHORITY AMENDMENT ACT 1978 No. 92 of 1978 - SECT 7

7. Part III of the Principal Act is repealed and the following Parts are
substituted:

                         ''PART  IIA-NATIONAL  DIRECTOR
National Director
''8A. (1) There shall be a National Director of the Australian Trade Union
Training Authority.

''(2) The National Director shall be responsible for the conduct of the
affairs of the Authority in accordance with the policy formulated by, and any
directions given by, the Executive Board. Acts done by National Director
deemed to have been done by the Authority
''8B. All acts and things done in the name of, or on behalf of, the Authority
by or with the authority of the National Director shall be deemed to have been
done by the Authority. National Director may arrange for provision of courses
of training
''8C. Without limiting the generality of section 7, the National Director may,
on behalf of the Authority, arrange for the provision of courses of or related
to trade union training at places in Australia other than the College or Trade
Union Training Centres. Appointment and term of office of National Director
''8D. (1) The National Director shall be appointed by the Minister.

''(2) Subject to sub-section (3), the National Director holds 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 National Director and a person shall not be appointed or
re-appointed as the National Director for a period that extends beyond the
date on which he will attain the age of 65 years. Remuneration of
National Director
''8E. (1) The National 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 National 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
''8F. The Minister may grant leave of absence to the National Director upon
such terms and conditions as to remuneration or otherwise as the Minister
determines. Resignation
''8G. The National Director may resign his office by writing signed by him and
delivered to the Minister. Termination of appointment
''8H. (1) The Minister may terminate the appointment of the National Director
for misbehaviour or physical or mental incapacity.

''(2) If the National 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 Minister;

   (c)  engages, except with the approval of the Minister, in paid employment
        outside the duties of his office; or

   (d)  without reasonable excuse, fails to comply with his obligations under
        section 8J, the Minister shall terminate his appointment. Disclosure
        of interests
''8J. If the National Director has a direct or indirect pecuniary interest in
any contract made or proposed to be made by the Authority, otherwise than as a
member of, and in common with the other members of, an incorporated company
which consists of more than 25 persons and of which he is not a director, he
shall, as soon as possible after the relevant facts have come to his
knowledge, disclose the nature of his interest to the Minister. Acting
National Director
''8K. (1) The Minister may appoint a person to act as National Director-

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

   (b)  during any period, or during all periods, when the National 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 Minister may-

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

   (b)  at any time terminate such an appointment.

''(3) Where a person is acting as National Director in accordance with
paragraph (1) (b) and the office of National Director becomes vacant while
that person is so acting, that person may continue so to act until the
Minister 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 National Director ceases to have effect if
he resigns his appointment by writing signed by him and delivered to the
Minister.

''(5) Sections 8F, 8G and 8J apply in relation to a person appointed under
this section in like manner as they apply in relation to the National
Director.

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

   (a)  for the purposes of sub-sections 8T (3) and (4) he shall be deemed to
        be a member of the Executive Board; and

   (b)  for the purposes of sub-sections 19 (3) and (4) he shall be deemed to
        be a member of the Australian Council.

''(7) The validity of anything done by an acting National 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.

                          ''PART  IIB-EXECUTIVE  BOARD
Executive Board
''8L. (1) There shall be an Executive Board of the Australian Trade Union
Training Authority.

''(2) The Executive Board shall be responsible for the formulation of the
policy of the Authority. Constitution of Executive Board
''8M. (1) The Executive Board shall consist of the following part-time
members:

   (a)  the Chairman of the Australian Council;

   (b)  the National Director;

   (c)  the member of the Australian Council referred to in paragraph 14 (1)
        (c);

   (d)  4 persons appointed by the Minister from the members of the Australian
        Council referred to in paragaphs 14 (1) (d), (e) and (f); and

   (e)  the member of the Australian Council referred to in paragraph 14 (1)
        (g).

''(2) A member of the Executive Board referred to in paragraph (1) (d) ceases
to hold office if he ceases to be a member of the Australian Council referred
to in paragraph 14 (1) (d), (e) or (f).

''(3) The Chairman of the Australian Council shall be the Chairman of the
Executive Board. Remuneration of members of Executive Board
''8N. (1) A member of the Executive Board 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, a member shall be paid such
remuneration as is prescribed.

''(2) A member of the Executive Board shall be paid such allowances as are
prescribed.

''(3) Sub-sections (1) and (2) have effect subject to the Remuneration
Tribunals Act 1973. Leave of absence
''8P. The Minister may grant leave of absence to a member of the Executive
Board upon such terms and conditions as the Minister determines. Resignation
of certain members
''8Q. A member of the Executive Board referred to in paragraph 8M (1) (d) may
resign his office as such a member by writing signed by him and delivered to
the Minister. Disclosure of interests
''8R. (1) A member of the Executive Board who has a direct or indirect
pecuniary interest in a matter being considered or about to be considered by
the Executive Board, otherwise than as a member of, and in common with the
other members of, an incorporated company which consists of more than 25
persons and of which he is not a director, shall, as soon as possible after
the relevant facts have come to his knowledge, disclose the nature of his
interest at a meeting of the Executive Board.

''(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Executive Board and the member who made the disclosure
shall not be present during any deliberation of the Executive Board with
respect to that matter. Acting Chairman of Executive Board
''8S. (1) Where the Chairman of the Executive Board is absent from duty or
from Australia or is unable to perform the functions of his office, or there
is a vacancy in the office of Chairman of the Executive Board, the person who,
for the time being, is acting as Chairman of the Australian Council shall act
as Chairman of the Executive Board during the absence or inability or until
the filling of the vacancy, as the case may be, and while so acting has and
may exercise all the powers, and shall perform all the functions and duties,
of the Chairman of the Executive Board.

''(2) At any time when a person who is not a member of the Executive Board is
acting as Chairman of the Executive Board, he shall be deemed to be a member
of the Executive Board for the purposes of sub-section 8T (4). Meetings of the
Executive Board
''8T. (1) The Chairman of the Executive Board-

   (a)  may convene meetings of the Executive Board, and shall comply with any
        resolution of the Executive Board with respect to the convening of
        meetings; and

   (b)  shall, on receipt of a written request signed by not less than 4
        members of the Executive Board (not including the National Director),
        convene a meeting of the Executive Board.

''(2) The Chairman of the Executive Board shall preside at all meetings of the
Executive Board.

''(3) At a meeting of the Executive Board, the Chairman and 4 other members of
the Executive Board constitute a quorum.

''(4) All questions arising at a meeting of the Executive Board shall be
determined by a majority of the votes of the members of the Executive Board
present and voting, and for this purpose the person presiding at the meeting
has a deliberative vote and, except where that person is the member of the
Australian Council referred to in paragraph 14 (1) (c), also has a casting
vote.

''(5) The Executive Board may regulate the conduct of proceedings at its
meetings as it thinks fit and shall keep minutes of those proceedings.

''(6) A reference in this section to the Chairman of the Executive Board
shall, if a person is acting as Chairman of the Executive Board, be read as a
reference to the person so acting. Validity of appointments
''8U. The appointment of a member of the Executive Board is not invalidated,
and shall not be called in question, by reason of a defect or irregularity in
connection with his appointment. Validity of proceedings
''8V. The performance of the functions of the Executive Board is not affected
by reason of there being a vacancy or vacancies in the membership of the
Executive Board.

''PART III-ESTABLISHMENT AND FUNCTIONS OF COUNCILS Establishment of Councils
''9. (1) Upon the commencement of the Trade Union Training Authority 
Amendment Act 1978 the councils established by sub-sections 9 (1) and (2) of
the Trade Union Training Authority Act 1975 as in force immediately before
that commencement cease to exist.

''(2) There is established by this section a council by the name of the
Australian Council for Union Training.

''(3) There is established by this section a council for each State by the
name specified in the following table opposite to the name of that State:
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State                            Name of Council

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New South Wales . . . . . . .    New South Wales Council for Union

Training Victoria . . . . . . . . . . Victorian Council for Union Training
Queensland . . . . . . . . .
Queensland Council for Union Training South Australia . . . . . . .    South
Australian Council for Union
Training Western Australia . . . . . . Western Australian Council for Union
Training Tasmania . . . . . . . . . . Tasmanian Council for Union Training
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''(4) The regulations may establish a Council for Union Training for the
Australian Capital Territory and a Council for Union Training for the Northern
Territory. Functions of Australian Council
''10. The functions of the Australian Council are to advise, and to make
recommendations to, the Authority in relation to-

   (a)  the planning and development of programs of trade union training in
        Australia; and

   (b)  the effectiveness of programs of trade union training undertaken in
        Australia. Functions of State Councils
''11. The functions of a State Council are to advise, and to make
recommendations to, the Authority in relation to matters relating to trade
union training in the State. Functions of other Councils
''12. A council established by the regulations has such functions as are
prescribed.''.