Victorian Numbered Acts Victorian Numbered Acts(1) The Governor in Council may, on the recommendation of the Minister by Order—
(a) establish a board to oversee and govern a TAFE institute; or
(b) amalgamate a board with another board; or
(c) abolish a board; or
(d) change the name of a board; or
(e) make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a board, the manner of appointment or the terms and conditions of appointment of directors of a board; or
(f) make provision for the board to make rules for the government of the institute; or
(g) make provision for the board to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the institute or to a committee established by or under an Order in Council relating to the board; or
(h) amend any provision of a previous order relating to a board; or
(i) make provision for or with respect to anything that is consequential upon the making of an order including the rights and obligations or the assignment of any property (subject to any trusts) of any board referred to in the Order.
(2) Without limiting the powers of the Governor in Council under sub-section (1), the Minister may also make Orders for the purposes of sub-section (1)(e), (f), (g), (h) or (i).
(3) The Minister must not make a recommendation under sub-section (1) or an Order under sub-section (2) unless—
(a) the board of any institute concerned has made a request for the proposed Order or has been consulted about the proposed Order; and
(b) the Minister has consulted the
Commission about the proposed order.
s. 3.1.12
(4) A board established under sub-section (1)—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name; and
(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e) is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers.
(5) If two or more boards are amalgamated under an Order under sub-section (1), any legal proceedings that might have been commenced or continued by or against any of the boards may be commenced or continued by or against the single board formed by the amalgamation.
(6) A change of name under an Order under sub-section (1) does not affect the identity of the board or any rights or obligations of the board or render defective any legal proceedings by or against the board, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued by or against it by its new name.