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Agricultural College Amendment Bill 2013
Agricultural College Amendment Bill 2013
Explanatory Notes
Short title
The short title of the Bill is the Agricultural College Amendment Bill 2013.
Policy objectives and the reasons for them
The objectives of the Bill are to:
1. Restructure the Australian Agricultural College Corporation (AACC) and rename the
entity as Queensland Agricultural Training Colleges (QATC).
2. Provide for governance arrangements which have a greater regard for the agricultural
training needs of industry and students.
These amendments will restructure the AACC as a statutory body with a decision making
board with provisions for college boards. This restructure is aimed at addressing governance
and management deficiencies in a business review report conducted by Ernst & Young in
2012. The deficiencies identified in the report found that the AACC was not operating
profitably and its performance was deficient in areas such as financial reporting, record
keeping, workplace health and safety requirements and performance management.
The proposed restructure is aimed at ensuring that management and decision making
accountability is reinstated through a governing board that takes into account industry and
student needs by providing for:
1. A change in the AACC structure from a corporation sole to a body corporate statutory
body renamed as Queensland Agricultural Training Colleges.
2. A governing board responsible for the functions of QATC and the exercise of its
powers.
3. A principal executive officer responsible for managing QATC's day to day activities
in accordance with the Act and the Board's priorities.
4. The Minister to establish colleges, college boards and college directors in locations
where they are required.
5. The necessary provisions to support the accountability of QATC such as the Minister
being able to give a statement of expectations to QATC and the requirement for a
strategic plan approved by the Minister.
Achievement of policy objectives
To achieve its objectives, the Bill will address the deficiencies identified by the 2012 Ernst &
Young report which recommended that there should be a significant change in the current
structure to improve the governance arrangements for the long term viability of the AACC.
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Agricultural College Amendment Bill 2013
The Bill will restructure the AACC from a corporation sole with an advisory board into a
statutory body with a governing board responsible for its performance. The new body will
still retain the assets and liabilities of the AACC but will be renamed QATC.
The governing board will consist of a maximum of seven members including a chair and
deputy chairperson. The members will be appointed by the Governor in Council at the
recommendation of the Minister for a term of no more than three years.
The implementation of a governing board will address the inadequate AACC governance
framework through requirements such as accounting to the Minister for QATC's
performance, compliance with any statement of expectations provided by the Minister to the
QATC and submitting a strategic plan for the Minster's approval. The board will also be
required to collaborate with government, industry, commerce and community groups to
identify the agricultural training needs and to gain local and industry input into QATC's
strategic and operational plans.
The Bill will establish a principal executive officer role for QATC. The principal executive
officer will be responsible for managing QATC's affairs including the management of
vocational training and corporate staff under the Act.
The principal executive officer will be appointed by the Minister on the recommendation of
QATC for a maximum 3 year term on terms provided for under the Act and decided by the
Minister.
The Minister will have the discretion to establish college boards at different locations to assist
in ensuring the colleges meet the service demands of the local agricultural and pastoral
sectors and students. The discretion will provide flexibility to open or close colleges
depending on service demands and making a college board responsible for more than one
college. A college board will be responsible for college business planning and performance,
curriculum development, operational planning, providing quarterly and annual reports on
college performance and otherwise ensuring the implementation of the strategic direction set
by the governing board.
A college board will consist of a maximum of seven members including a chair and deputy
chairperson. The members will be appointed by the Minister.
The Minister may also determine the number of directors to be appointed including whether a
director is to be appointed as director for one or more colleges.
A college director will be appointed by QATC's governing board in consultation with the
relevant college board. The college director will be responsible for the day to day
management of the relevant college and reporting to the college or governing board. The term
of a college director will be for a maximum period of three years on terms decided by the
corporation (subject to any relevant industrial instrument).
The AACC is declared not to be a national system employer for the purposes of the Federal
Government industrial relations system. It is proposed that, subject to Federal Government
endorsement, the Industrial Relations Regulation 2011 be amended to exclude QATC from
the federal workplace laws by declaring QATC not to be a national system employer. This
will allow the QATC employees to be employed under the state industrial system without the
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Agricultural College Amendment Bill 2013
use of an employing office within the QATC. Once the employing office is abolished the
employees will become employees of QATC without any change to their entitlements.
Alternative ways of achieving policy objectives
The review conducted by Ernst & Young in 2012 identified significant inadequacies in the
financial and governance arrangements of the AACC's organisational structure which could
be resolved by a more effective management structure. As the current structure of the AACC
is set out in legislation the only way of achieving the policy objective is to amend the Act.
Estimated cost for government implementation
It is proposed that members of the QATC governing board be paid remuneration and
allowances in accordance with Queensland Government policy for the remuneration of
statutory board members. Members of the college boards are also to receive remuneration in
accordance with the Queensland Government remuneration policy for statutory boards.
Chairpersons and deputy chairpersons of college boards are to be remunerated for their roles
on the college boards as well as for their membership of QATC.
AACC is taking steps to reduce costs, increase revenue, sell surplus assets and implement
financial management systems. The Department of Education, Training and Employment and
AACC have negotiated a funding model through to the end of 2013-14 to enable the
residential colleges to continue operations. Beyond this time it is expected that the new
QATC will have transitioned to a more competitive funding model that is to be implemented
nationally.
Consistency with fundamental legislative principles
Issues about consistency with fundamental legislative principles (FLP) contained in section 4
of the Legislative Standards Act 1992 (LSA) have been raised in respect of some of the
amendments during the development of this Bill. These are addressed in detail below. The
Bill is generally consistent with fundamental legislative principles. Potential breaches of the
fundamental legislative principles are addressed below.
1. Legislation should have sufficient regard to rights and liberties of individuals - LSA
s4(2)(a)
This potential FLP issue is in regard to the end of appointment of current members of the
advisory committee. As there are no members currently appointed to the committee this FLP
does not arise. It is proposed that advisory committee members be appointed prior to the
commencement of the Bill, however they will be appointed on the understanding that their
membership is transitioned to the QATC governing board following the Act amendments.
2. Legislation should have sufficient regard to the rights and liberties of individuals -
LSA s4(3)(c)
This potential FLP issue is in regard to the delegation of powers of the corporation or board
to appropriately qualified employees. The Bill will extend the delegation power to the
principal executive officer, a college board and a college director who have roles relating to
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Agricultural College Amendment Bill 2013
the day to day management of QATC. The delegations are essential in order for the
corporation to operate efficiently. The corporation may include restrictions to limit the
exercise of the delegations to reduce any risk that may be involved with the exercise of the
power. The Act currently provides that the corporation may delegate its powers to an
appropriately qualified employee of the employing office or of another government entity, of
the corporation or of the department. The proposed amendments do not affect the current
delegation powers which are also necessary for the corporation to efficient operation of its
functions.
3. Legislation should have sufficient regard to the rights and liberties of individuals - LSA
s4(2)(a)
This potential FLP issue is in regard to the modification of contractual rights preventing
termination for novation or transfer of right or liability. The proposed amendments will not
create a new legal entity or change the business of the corporation which will impact on any
contractual rights. The proposed amendments will only provide for the restructure of the
corporation and a change in the name.
Consultation
There has been consultation with the members of the newly appointed local advisory
committees. AgForce has also been consulted during the consideration of the governance
options for the AACC.
Relevant Government departments, including the Department of the Premier and Cabinet,
Queensland Treasury and Trade, the Queensland Competition Authority and Department of
Justice and the Attorney-General, have been consulted.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland and is not uniform with or complementary to
the legislation of the Commonwealth or another State.
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Agricultural College Amendment Bill 2013
Notes on provisions
Part 1 Preliminary
Clause 1 states that the Bill when enacted will be cited as the Agricultural College
Amendment Act 2013.
Clause 2 states that the Bill other than part 3 commences on the day (the first day) to be fixed
by proclamation. Part 3 commences on a day after the first day to be fixed by proclamation.
Part 2 Amendment of Agricultural College Act 2005
Clause 3 states that the Bill when enacted amends the Agricultural College Act 2005.
Clause 4 amends the long title of the Agricultural College Act 2005 to reflect the renaming of
the Australian Agricultural College Corporation to Queensland Agricultural Training
Colleges and remove reference to the Australian Agricultural College Employing Office as
the employing office which will be abolished on date to be fixed by proclamation.
Clause 5 amends the short title provided for in section 1 to reflect the renaming of the
Australian Agricultural College Corporation to Queensland Agricultural Training Colleges.
Clause 6 removes section 4 which relates to the Ministerial declaration `Stepping forward:
improving pathways for all young people' which was endorsed by the Ministerial Council on
Education, Employment, Training and Youth Affairs in July 2002. It is no longer relevant to
the Queensland Agricultural Training Colleges. The Queensland Agricultural Training
Colleges functions will still support the intent of the declaration by providing high quality
agricultural and rural vocational education and training.
Clause 7 amends the heading of part 2 to reflect the renaming of the Australian Agricultural
College Corporation to Queensland Agricultural Training Colleges.
Clause 8 replaces section 5 with new provisions that give effect to the renaming and
restructuring of the Australian Agricultural College Corporation. The new section 5 provides
for the continuation of the Australian Agricultural College Corporation under the new name
of Queensland Agricultural Training Colleges with a new structure as a body corporate with a
common seal and with the ability to sue and be sued in its corporate name.
Clause 9 omits sections 8 and 9. Section 8 declared the Australian Agricultural College
Corporation to be an excluded matter for section 5F of the Corporations Act 2001. The
provision is no longer required as section 13A of the Statutory Bodies Financial
Arrangements Act 1982 declares a statutory body to be an excluded matter for the purposes of
section 5F of the Corporations Act. The Queensland Agricultural Training Colleges will be
such a body. Section 9 dealt with the custody of the corporation's seal and the persons who
may use the seal. These provisions are no longer required because the structural change of the
corporation will mean that the governing board of the corporation will be responsible for the
custody of the seal rather than the corporation sole.
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Agricultural College Amendment Bill 2013
Clause 10 omits the provisions in section 10 and replaces them with a new section 10 which
provides for the corporation's functions. The new functions include the promotion of
employment opportunities in the State by providing high quality agricultural and rural
vocational education and training; ensuring the vocational education and training meets the
immediate and future needs of the agricultural, rural and related industries and the
community; engaging employees, employers, associations of employees or employers and the
community to identify agricultural training needs, opportunities and priorities; cooperating
with government bodies, industry, commerce and community groups and other persons on
training matters relating to agricultural and rural industries; and providing facilities and
services for study, research and training relevant to the agricultural, rural and related
industries.
Other functions are to commercially exploit any property of the corporation, including
research or knowledge developed by or belonging to the corporation; complying with
national and State standards and audit requirements for registered training organisations; and
supporting the continued development of high quality training within the agricultural
industry.
The functions of the corporation also include any other function given to the corporation
under an Act.
The new functions focus on the provision of high quality agricultural and rural vocational
education and training that meets relevant industry and community needs.
Clause 11 omits section 11 which provided for the additional functions in relation to the
agricultural college. Previously the chairperson of the board was required to report on the
corporation's functions relating to the agricultural college under section 34A. With the
structural change the chairperson of the board will be required to report on all of the
corporation's functions. As such, all of the functions of the corporation will be provided for
in new section 10 which the governing board will be responsible for performing.
Clause 12 omits and replaces sections 14 to extend the delegation power in line with the new
structure to include the principal executive officer, a college board and college directors who
have roles relating to the day to day management of the Corporation. The ability to delegate
to these positions will be necessary for the corporation to operate efficiently.
Clause 13 inserts a new part 2, Division 4A Planning and accountability
A new section 14A enables the Minister to give the corporation a written statement of
expectations about the corporation's performance of its functions and exercise of its
powers. The statement must set out the Minister's expectations for the period stated
and may include provisions about the strategic or operational activities to be carried
out by the corporation; reporting; and activities to be carried out by the corporation. A
statement of expectations is to be taken to be a direction under section 13.
A new section 14B provides that the corporation must give a statement of intent about
how the corporation proposes to comply with the statement of expectations within 30
days of receiving the statement of expectations. Whilst this amendment enhances the
accountability of the corporation by requiring the corporation to determine how it is to
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Agricultural College Amendment Bill 2013
fulfil the statement of expectations, it also provides flexibility to the corporation by
not being prescriptive about how these expectations are to be addressed.
A new section 14C states that the corporation must submit to the Minister's approval
a strategic plan developed for the corporation under the Financial Accountability Act
2009. A strategic plan approved by the Minister is taken to be the corporation's
strategic plan.
Clause 14 amends the heading of part 2A to reflect the renaming of the Australian
Agricultural College Corporation to Queensland Agricultural Training Colleges.
Clause 15 omits and replaces section 16(1) to continue in existence the employing office of
the Australian Agricultural College Employing Office under the name Queensland
Agricultural Training Colleges Employing Office to reflect the change in name of the
corporation.
Clause 16 omits sections 21 and 22 and inserts new sections 21 and 22. The new section 21
replaces the advisory board with the governing board of the Queensland Agricultural
Training Colleges. The new section 22 replaces the advisory board's functions with those of
the governing board of the Queensland Agricultural Training Colleges. The new functions
ensure that the corporation has a performance focus by providing that the functions are
performed and the powers of the corporation are exercised in a proper, effective and efficient
way. The board also decides the strategies, and the operational, administrative and financial
policies to be followed by the corporation, and must ensure that the corporation acts in
accordance with its strategic and operational plans. The board must also fulfil any statement
of expectations given to it by the Minister and review the performance of the principal
executive officer on an annual basis. The board is also to be accountable to the Minister for
the corporation's performance.
Clause 17 omits sections 23 and 23A and inserts new sections 23 and 23A to give effect to
the new corporation board arrangements. The new section 23 amends the composition of the
board from a maximum of eight members to a maximum of seven members. No more than
two members can be a chairperson of a college board and no more than two members can be
a deputy chairperson of a college board. The members are appointed by the Governor in
Council with regard to a person's ability to make a contribution to the effective and efficient
performance of the corporation's functions. The members of the board are appointed under
the Act and not the Public Service Act 2008. The new section 23A provide for the grounds on
which a person is disqualified from becoming or continuing as a board member. The previous
section 23A provided for the circumstances in which a member was ineligible to be a
member of the board. This amendment is in line with current drafting practice. It also
removes the matters that the Minister must take into account in appointing a person to the
previous advisory board because they are no longer relevant. The appointments to the
governing board are now done by Governor in Council and the considerations that the
Governor in Council must take into account are contained in the new section 23.
Clause 18 omits and replaces section 24(1) and inserts section 24(1A) to provide for the
appointment of a chairperson and deputy chairperson of the corporation board by the
Governor in Council which were previously appointed by the Minister. This is in line with
the new governance arrangements. Section 24(1A) excludes a chairperson and deputy
chairperson of a college board being appointed as chairperson and deputy chairperson of the
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Agricultural College Amendment Bill 2013
governing board. The clause provides for the renumbering of section 24(1A) to (4) as section
24(2) to (5).
Clause 19 amends section 26 by requiring that the conditions of the remuneration of a board
member is to be decided by the Governor in Council rather than the Minister. This is line
with the new appointment arrangements.
Clause 20 amends 26A(1) by providing that a board member's removal from office is by the
Governor in Council rather than the Minister. This is in line with the new appointment
arrangements. The clause also omits sections 26A(2) & (3) as the grounds for disqualification
are provided for in section 23A.
Clause 21 omits sections 27(a) to (c) and replaces them with new section 27(a) to (c) to
amend the circumstances in which a board member's office becomes vacant. The amendment
removes the circumstance that an office becomes vacant if the member is absent without the
board's permission from three consecutive board meetings without giving proper notice and
without reasonable excuse. The other amendments are that the notice of resignation from
office is to be given to the Governor in Council and not to the Minister. Similarly the
Governor in Council and not the Minister may give a board member a signed notice of
removal from office. These amendments are consistent with the new board appointment
arrangements. Furthermore, the removal of the disqualifying circumstance of a member being
absent without the Board's permission is to allow the board to take responsibility for how
board meetings are conducted.
Clause 22 omits section 29 which prescribes when and where the governing board should
meet. This section is now redundant as the new governance arrangements will enable the
governing board to determine how the meetings will be conducted.
Clause 23 omits section 30 which prescribes who presides at the board meetings. This section
is now redundant as the new governance arrangements will enable the governing board to
determine how the meetings will be conducted.
Clause 24 omits section 33 which allows members to use technology to take part in meetings
and for the board to validly make a resolution if it is not passed at a board meeting if the
notice has been given to the board members and the quorum has agreed in writing to the
resolution. This section is now redundant as the governance arrangements will enable the
governing board to determine how its meetings will be conducted and accords with the
current drafting practice.
Clause 25 omits section 33A(8) and replaces it with a new section 33A(8) and 33A(9). The
new section 33A(8) provides that the Minister may consider and decide an issue if there are
no members present to consider or decide that issue due to their direct or indirect interest in
that issue. The new section 33A(9) provides that a disclosure of any interest must be recorded
in the board's minutes.
Clause 26 amends section 34A to remove the requirement that the chairperson report to the
corporation as well as the Minister as this is no longer relevant. Limiting such reporting to
functions relating to the agricultural college is also now irrelevant. The governing board will
now be responsible for performing all the functions of the corporation in accordance with the
restructure of the corporation.
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Agricultural College Amendment Bill 2013
Clause 27 omits sections 35(1) and (2) and replaces them with a new section 35(1). The
sections being omitted required that the board seek the corporation's approval to establish a
committee to help it perform its functions. Due to the restructuring, the provisions are no
longer relevant. A new section 35(1) provides that the board may establish a committee to
help perform its functions. The clause also amends section 35(5) by requiring the Minister
and not the corporation to approve remuneration of committee members. Section 35(6) is
omitted as it is no longer relevant. Sections 35(3) to (5) are renumbered as 35(2) to (4) due to
the reduction of provisions in the section.
Clause 28 inserts a new part 3A to provide for a new position of principal executive officer.
A new section 35A provides for the appointment of a principal executive officer by
the Minister on the recommendation of the corporation. The appointment will be
under this Act and not the Public Service Act 2008.
A new section 35B provides the grounds on which a person is disqualified from
becoming or continuing the position of principal executive officer.
A new section 35C provides that terms of appointment for the principal executive
officer, other than the under the Act or in the contract of employment, will be decided
by the Minister.
A new section 35D provides that the principal executive officer holds office for a term
of not more than three years as stated in their contract of employment, unless the
person resigns or becomes disqualified under section 35B.
A new section 35E states that the principal executive officer may resign by signed
notice given to the chairperson of the board.
A new section 35F prescribes the responsibilities of the principal executive officer for
the overall management of the corporation and any function given to the principal
executive officer under an Act. The principal executive officer has all the powers
necessary to carry out those responsibilities and functions.
A new section 35G prescribes the relationship between the principal executive officer
and the governing board. It provides that the principal executive officer must give
effect to any policy or direction relevant to the principal executive officer's roles and
responsibilities and to report to the board regularly. In carrying out the principal
executive officer's responsibilities in compliance with section 35(1) anything done by
the officer is taken to have been done by the corporation.
A new section 35H states that the principal executive officer must not engage in other
paid employment that are additional to the duties of the office of the principal
executive officer; or take part in business activities or the management of a
corporation carrying on business without the prior written approval of the governing
board.
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Agricultural College Amendment Bill 2013
A new section 35I requires the principal executive officer to disclose any conflict of
interest with the discharge of the principal executive officer's responsibilities and the
procedures to be followed when a conflict of interest arises.
Clause 29 replaces part 4 (Agricultural college, director and student advisory council) with a
new part 4 Agricultural colleges, college boards or college directors as part of the
restructuring of the corporation.
A new section 36 provides the Minister may establish agricultural colleges to deliver
education and training services to the agricultural and rural industries. The
agricultural colleges will not be separate legal entities from the corporation. The
Minister may give an agricultural college a name and establish campuses for the
college.
A new section 37 provides the Minister may establish a college board for each
agricultural college or for more than one agricultural college. Section 37(2) & (3)
provides that no more than seven members are to be appointed to each college board
and that the Minister must have regard to a person's skills or experience that are
relevant to the functions of the college board. Section 37(4) states the Minister must
appoint one college board member as a chairperson and another college board
member as deputy chairperson. Section 37(5) provides that subject to the direction
from the corporation a college board will be responsible for overseeing the day to day
operations of the colleges; deciding key business planning and performance matters
for the college; and curriculum development and designing production programs. A
college board will be responsible for the operational direction of the college subject to
direction and approval from the corporation board and for performing functions
delegated to the college board.
A new section 38 provides for the grounds on which a person is disqualified from
becoming or continuing as a college board member.
A new section 39 provides for the conditions and term of appointment of a college
board member. Section 39(1) provides that for matters not provided under this Act or
stated in the contract of employment a college board member holds office on the
terms of appointment decided by the Minister. A new section 39(2) and (3) provides
that a college board member holds office for a term of not more than three years
stated in the member's instrument of appointment unless the person becomes
disqualified under section 38. A new section 39(4) states that a college board member
may resign by signed notice given to the chairperson of the corporation board.
A new section 40 provides that subject to the provisions in this division of the Bill and
any requirement prescribed under a regulation, a college board may conduct its
business including its meetings in a way it considers appropriate.
A new section 41 states that at college board meetings all questions are to be decided
by a majority. If a member abstains from voting, then the member is taken to vote for
the negative. The chairperson or member presiding over the meeting is to have a
casting vote if the votes are equal.
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Agricultural College Amendment Bill 2013
A new section 42 provides that a quorum for a college board meeting is half of the
appointed members or the next highest whole number if the half is not a whole
number.
A new section 43 requires the disclosure by college board members of any interest
with an issue being considered or about to be considered by the college board. This
section also provides for the procedures to be followed when a member's interest
conflicts or may conflict with the proper performance of the member's duties about
the consideration of the issue.
A new section 44 provides that the college board must keep a record of the minutes of
its meetings and decisions.
A new section 44A provides for college directors. New sections 44A(1) and (2)
provide the Minister must decide the number of directors and which agricultural
colleges the directors are to be appointed for. The corporation will appoint each
director in consultation with the relevant college board on terms to be decided by the
corporation. New section 44A(3) provides that subject to the relevant college board
for an agricultural college, a college director will have responsibility for the day to
day management of that college and reporting to the relevant board.
New sections 44A(4) and (5) provide that subject to any relevant industrial
instrument, the corporation may decide the terms of employment for the college
director. A college director is appointed under this Act and not under the Public
Service Act 2008. New section 44A(6) provides the grounds on which a person is
disqualified from becoming or continuing as a college director.
New section 44A(7) provides that a college director holds office for a term of not
more than three years unless the person resigns or unless the person becomes
disqualified under section 44(A)6). New section 44A(8) provides a definition for the
term `relevant board' to mean for an agricultural college if there is a college board
then it means the college board. If there is no college board then it applies to the
governing board.
Clause 30 omits section 46 which provided that the Minister may delegate the Minister's
powers under the Act to the corporation. This provision is no longer relevant as the
corporation will be restructured as a governing body.
Clause 31 provides for a new part 6, division 5 Transitional provisions for Agricultural
College Amendment Act 2013.
A new section 65 provides for definitions for certain words used in division 5.
A new section 66(1) provides for the dissolution of the former advisory board; the
appointment of the members of the former advisory board; the office of the former
director; and the appointment of the former director.
A new section 66(2) states that no amount whether by compensation, reimbursement
or otherwise is payable by the State or the corporation to any person for or in
connection with the enactment of section 66(1).
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Agricultural College Amendment Bill 2013
A new section 66(3) clarifies that section 66(2) does not limit or affect the former
director's right to a benefit or entitlement that under the existing conditions of
appointment had accrued or was accruing immediately before the commencement of
this section.
A new section 66(4) defines `existing conditions of appointment' for the former
director as those conditions of appointment determined by the corporation under
section 37 as in force before the amendment of that section under the amending Act,
section 30.
A new section 67 provides that each member of the former board holding office
immediately before the commencement of this section becomes a member of the
board. It also provides for the continuation of the remuneration and conditions of
appointment. However, the Act will apply to each member as if he or she had been
appointed under this Act as in force after the commencement.
A new section 68 provides that the person holding office as director under the former
section 37 is appointed as the principal executive officer and the continuation of
remuneration and conditions of appointment. However, this Act applies to the person
as if he or she had been appointed under this Act as in force after the commencement.
A new section 69 provides that on commencement of this section a record of the
former advisory board becomes a record of the governing board.
A new section 70 provides that a reference in an Act or document to the Australian
Agricultural College Corporation and its former board may, if the context permits, be
taken as a reference to the Queensland Agricultural Training Colleges and its
governing board respectively.
A new section 71 provides that the change in name of the corporation and the
employing office does not affect the status of these entities.
A new section 72 provides for the effect of the amendments on legal relationships
including that nothing done under the Act amendments makes a relevant entity in
breach of any instrument; or except as provided for under the Act amendments is
taken to fulfil a condition under an instrument or obligation or allow a person to avoid
or enforce an obligation or liability in an instrument; or releases a surety or other
obligee wholly or partly from an obligation. A relevant entity is the State or an
employee or agent of the State or the corporation, a member of the board or a director.
Any advice, consent or approval of a person necessary to do something under the Act
amendments is taken to be obtained or given unconditionally. If giving of notice to a
person would be necessary to do something under the Act amendments the notice is
taken to have been given.
Clause 32 amends the dictionary in Schedule 2 by omitting and replacing the definitions of
board, campus, corporation, director and employing office and includes new definitions
required for the terms used in the Bill.
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Agricultural College Amendment Bill 2013
Clause 33 omits attachment (Ministerial Declaration `Stepping Forward: Improving Pathways
for all Young People'). This attachment is no longer relevant as the Act will not refer to it.
Part 3 Amendments about the dissolution of the employing
office
Clause 34 states that part 3 amends the Queensland Agricultural Training Colleges Act 2005.
The effect of the commencement of this part is to dissolve the Queensland Agricultural
Training Colleges Employing Office.
Clause 35 omits and replaces section 14(e) to remove an appropriately qualified employee of
the employing office from the persons that the corporation may delegate its powers to once
the Queensland Agricultural Training Colleges Employing Office is dissolved.
Clause 36 omits the heading of part 2, division 5 and replaces it with a new heading `Division
5 Other staff and work performance arrangements'.
Clause 37 inserts a new section 15AA which provides that the corporation may employ other
staff as it considers appropriate to perform its functions. They will be employed under this
Act and not the Public Service Act 2008.
Clause 38 amends section 15(1) by omitting 15(1)(a) and (b) to exclude the reference to the
employing office and only providing that the corporation may enter into and give effect to a
work performance agreement with the appropriate authority of another government entity.
The clause also amends section 15(4)(b).
Clause 39 omits part 2A which relates to the provisions that applied to the Queensland
Agricultural Training Colleges Employing Office. Those provisions will no longer be
relevant.
Clause 40 omits section 23A(d) and replaces it with a new provision which excludes an
employee or officer of the employing office as this will not be relevant when the employing
office is dissolved.
Clause 41 inserts in section 65 a new definition of the term executive officer to mean the
executive officer of the employing office appointed under section 19 as in force before its
repeal under the Agricultural College Amendment Act 2013.
Clause 42 inserts new sections 73 and 74 in part 6, division 5 to provide for the dissolution of
the employing office and the transfer of staff.
A new section 73(1) provides for the dissolution of the employing office; the office of
the executive officer; and the appointment of the executive officer on the
commencement of the section.
A new section 73(2) provides that no amount is payable to any person in connection
with the dissolution of the employing office.
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Agricultural College Amendment Bill 2013
A new section 73(3) clarifies that section 73(2) does not limit or affect the former
executive officer's right to a benefit or entitlement that under the existing conditions
of appointment had accrued or was accruing immediately before the commencement
of this section.
A new section 73(4) provides a definition of existing conditions of appointment for
the executive officer to mean the executive officer's conditions of appointment as
determined by the Governor in Council under section 19 as in force before the
amendment of that section under the amending Act.
A new section 74(1) provides that on the commencement of the section employees of
the employing office become employees of the corporation. The records of the
employing office that relate to the employment of the transferred employees become
records of the corporation. Any liabilities of the employing office that relate to a
transferred employee's right to leave (annual, sick, long service and other leave) are
transferred to the corporation.
A new section 74(2) preserves certain rights of employees who are transferred from
the employing office to the corporation. The transfer does not affect an employee's
total remuneration. The transfer does not prejudice the employee's existing or
accruing rights to superannuation, annual, sick, long service or other leave. The
transfer does not interrupt an employee's continuity of service with the proviso that an
employee is only entitled to claim an entitlement once in relation to the same period
of service. The transfer does not constitute a retrenchment, redundancy or termination
at the initiative of the employing office. The transfer does not entitle an employee to a
payment or other benefit because the employee is no longer employed by the
employing office. The transfer of an employee does not require the employing office
to make any payment.
A new section 74(3) provides a regulation making power subject to the matters not
having already been provided for in sections 73(1) and (2) for the following matters:
the transfer of an employee from the employing office to the corporation; a
transferred employee's terms and conditions of employment, rights and entitlements;
and the application of a particular industrial instrument of a transferred employee.
A new section 74(4) provides that the regulation has effect despite any other law or
instrument.
A new section 74(5) clarifies section 74(4) by stating that the regulation applies
despite the Industrial relations Act 1999 and any industrial instrument.
A new section 74(6) excludes the executive officer from the application of section 74.
Clause 43 amends the dictionary in Schedule 2 by omitting the definitions of employee of the
employing office, employing office and executive officer. These definitions will not be
relevant on the dissolution of the employing office. A new definition of employing office will
be substituted to provide a reference to the former Australian Agricultural College Employing
Office (Queensland Agricultural Training Colleges Employing Office).
Clause 44 provides for the amendment of the legislation it mentions in Schedule 1.
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Agricultural College Amendment Bill 2013
Schedule 1 Minor and Consequential amendments
Schedule 1 includes consequential amendments to other legislation arising from the renaming
of the corporation and the new position of principal executive officer. It removes references
to the Australian Agricultural College Corporation and replaces them with Queensland
Agricultural Training Colleges and replaces references to the director of the Australian
Agricultural College Corporation with the principal executive officer of the Queensland
Agricultural Training Colleges.
ŠThe State of Queensland 2013
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