Part 3 Functions and objectives of the TAFE Commission
(1) The principal function of the TAFE Commission is to provide technical and further education services.(2) The TAFE Commission has such other functions as are conferred or imposed on it by or under this or any other Act.(3) However, the TAFE Commission cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the TAFE Commission to exercise its functions.
(1) In exercising its functions, the TAFE Commission must:(a) ensure that it provides technical and further education services to meet the needs of individuals and the skill needs of the workforce and, in particular, ensure that it provides basic and pre-vocational education as well as vocational education and training, and(b) provide adults and young persons with a range of technical and further education services that recognise the changing nature of the working environment and the need for new skills and re-training, and(c) provide, through formal arrangements and after consultation, technical and further education services that are relevant to the needs of industry, business, students and other client groups, and(d) provide students with the maximum opportunity for progression by the linking or other articulation of courses and programs provided by the TAFE Commission and between those courses and programs and those provided by other education and training providers, and(e) provide educationally or vocationally disadvantaged groups (such as women, Aborigines, persons of non-English speaking background, persons with disabilities and persons in rural areas) with access to technical and further education services, including a range of appropriate specialised services, and(f) consult with relevant agencies to promote the effective and efficient use of resources and co-operation between TAFE establishments and other educational institutions.(2) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
(1) Without limiting any other functions conferred or imposed on it, the TAFE Commission may:(a) establish and maintain TAFE establishments, and(b) provide courses of study at TAFE establishments and at other places, and(c) confer educational awards on students who have completed technical or further education courses (and determine the eligibility of students to receive those awards), and(d) provide student support services, including library, counselling, course information, student activities and child care services, and(e) make loans and grants to students of TAFE establishments, and(f) impose penalties (including pecuniary penalties) for breaches of discipline by students of TAFE establishments, and(g) enter into credit transfer arrangements with other education and training providers (including government agencies, higher education institutions and private agencies), and(h) impose fees and charges (and grant exemptions from payment of fees and charges), including fees and charges to be paid in respect of the following:• entrance to a TAFE establishment,• tuition,• examinations,• the conferring of educational awards,• residence,• the provision of amenities and services, whether or not of an educational nature, and(i) enter into commercial arrangements for the provision of technical and further education services and for the payment of appropriate fees and charges for those services (including arrangements with employers for the provision of services to their employees), and(j) with the approval of the Minister, conduct any business which is related to technical and further education or which makes use of the facilities, staff or services of the TAFE Commission.(2) The exercise of the functions of the TAFE Commission under this section is subject to:(a) in the case of the provision of accredited vocational courses of study and the conferring of educational awards in connection with those courses—the accreditation requirements of the Vocational Education and Training Accreditation Board, and(b) in any case—any requirements of the regulations.(3) The TAFE Commission may, with the approval of the Minister:(a) form, or participate in the formation of, private corporations, and(b) acquire, sell or otherwise dispose of interests in private corporations, and(c) enter into partnerships, joint ventures or other profit-making arrangements,for the purpose of the exercise of the functions of the TAFE Commission referred to in subsection (1) (j) or such other of its functions of a commercial nature as the Minister may approve.(4) A private corporation in which the TAFE Commission has a controlling or other interest is not, and does not represent, the Crown.(5) The Minister may give an approval under this section that is limited to a particular case or that applies generally.(6) The TAFE Commission may exercise its functions under this Act within or outside the State, including outside Australia. The TAFE Commission is taken always to have had the powers conferred by this subsection.
(1) The TAFE Commission may delegate to an authorised person any of the functions of the TAFE Commission, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the TAFE Commission if the delegate is authorised in writing to do so by the TAFE Commission.(3) Any of the following functions may not be delegated or sub-delegated to an authorised person unless that person is a member of the staff of the TAFE Commission or a public servant employed in the Department of Education and Training:(a) a function under this Act, or any other law, of entering into agreements relating to an industrial matter,(b) (Repealed)(c) a function in proceedings concerning industrial awards.(4) In this section, authorised person means:(a) a member of the staff of the TAFE Commission, or(a1) a public servant employed in the Department of Education and Training, or(b) a person of a class prescribed by the regulations or approved by the Minister.