Version No. 041
Adult, Community and Further Education Act 1991
Act No. 91/1991
Version incorporating amendments as at 5 April 2005
table of provisions
SectionPage
1
SectionPage
PART 1—PRELIMINARY
1.Purposes
2.Commencement
3.Definitions
4.Objects
PART 2—ADULT, COMMUNITY AND FURTHER
EDUCATION BOARD
Division 1—Establishment, Powers and Functions of the Board
5.The Adult, Community and Further Education Board
6.Functions of the Board
7.Powers of the Board
8.Board to consult
9.Financial powers
Division 2—Guidelines, Agreements and Plans
10.Ministerial guidelines or directions
11.Performance agreements
12.Adult, community and further education plan
13.Implementation of the plan
Division 2A—Accreditation of courses
13A–13C. Repealed
Division 2B—Approval to deliver courses
13D–13F. Repealed
Division 3—Repealed
14–18.Repealed16
Division 4—Constitution and Administration of the Board
19.Membership of the Board
20.Terms and conditions of office of members
21.Acting members
22.Validity of acts or decisions of the Board
23.Meetings of the Board
24.Committees of the Board
25.Staff
26.Use of services of external staff
Division 5—Delegations and Immunity provisions
27.Delegations by the Board
27A.Repealed
28.Delegations by the Minister
29.Delegations by the General Manager
30.Delegation of a power which must be exercised on advice
31.Establishment of bodies to act as delegates of Board
32.Immunity of Board members from suit
PART 3—REGIONS OF ADULT, COMMUNITY AND
FURTHER EDUCATION
33.Regions
34.Regional Councils
35.Functions of Regional Councils
36.Powers of Regional Councils
37.Accountability
38.Membership of Regional Councils
39.Terms and conditions of office of members
40.Meetings of Councils
41.Incorporation of Regional Councils
42.Immunity of Council members from suit
43.Employment of staff
PART 4—ADULT EDUCATION INSTITUTIONS
Division 1—Adult Multicultural Education Services
44.Adult Multicultural Education Services
Division 2—Centre for Adult Education
45.Centre for Adult Education
Division 3—Establishment of adult education institutions
46.Adult education institutions
47.Incorporation of governing boards
48.Functions of governing boards
49.Powers of governing boards
49A.Accountability of governing boards
49B.Board membership
49C.Terms and conditions of office of members
49D.Proceedings of governing boards
49E.Reserve powers of Minister
49F.Notice of proposal
49G.Appointment of administrator
49H.Saving of acts of board
49I.Employment of staff
49J.Minister may object to director appointment
49K.Staff conditions
49L.Institution directors
PART 5—TRANSITIONAL PROVISIONS
50.Transitional provision for the Council of Adult Education
51.Transitional provision for the State Training Board
52.Saving of Board
PART 6—TRANSITIONAL PROVISIONS FOR NEW ADULT EDUCATION INSTITUTIONS
Division 1—Preliminary
53.Extra-territorial operation of this Part
Division 2—Transfer of staff of AMES
54.Definition
55.Determination of staff to be transferred
56.Transfer of staff
57.Superannuation
58.Future terms and conditions of transferred employees
59.Savings for Director of AMES
Division 3—Transfer of property, rights and liabilities of
Council of Adult Education
60.Definitions
61.Property rights and liabilities transferred to Board of Centre
for Adult Education
62.Gifts etc.
63.Staff of the Council
64.Land of the Council
65.Amendment of the Register
66.Taxes
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SCHEDULE—Adult education institutions
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 041
Adult, Community and Further Education Act 1991
Act No. 91/1991
Version incorporating amendments as at 5 April 2005
1
Adult, Community and Further Education Act 1991
Act No. 91/1991
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to make provision with respect to Adult, Community and Further Education; and
(b)to establish an Adult, Community and Further Education Board; and
(c)to establish Adult, Community and Further Education Regions and Regional Councils; and
S. 1(ca) inserted by No. 64/2000 s.4.
(ca)to establish AMES and the Centre for Adult Education as adult education institutions and to provide for the governing boards of those adult education institutions; and
S. 1(cb) inserted by No. 64/2000 s.4.
(cb)to provide for the establishment of other adult education institutions and for their governing boards; and
(d)to establish systems which will enable users and providers of adult, community and further education to advise government on the needs of adult, community and further education and the action necessary to meet those needs; and
(e)to establish systems to ensure effective co-ordination of and planning of adult, community and further education in Victoria; and
(f)to make consequential amendments to other Acts.
2.Commencement
s. 2
This Act comes into operation on a day or days to be proclaimed.
3.Definitions
In this Act—
S. 3 def. of "adult, community and further education" amended by No. 64/2000 s.5(a)(i).
"adult, community and further education" means—
(a)further education; and
(b)full-time secondary education for adults; and
(c)that part of vocational education and training which is covered by paragraph(a) of the definition of vocational education and training when it is provided by an adult education institution established by or under this Act or a community based organisation which is not a TAFE college, commercial provider or industry provider;
S. 3 def. of "adult education institution" inserted by No. 64/2000 s.5(a)(iii).
"adult education institution" means AMES or the Centre for Adult Education or an adult education institution established under section 46;
S. 3 def. of "AMES" inserted by No. 64/2000 s.5(a)(iii).
"AMES" means the adult education institution known as Adult Multicultural Education Services established under section 44;
S. 3 def. of "Board" inserted by No. 64/2000 s.5(a)(iii).
"Board" means theAdult, Community and Further Education Board;
s. 3
S. 3 def. of "Board of AMES" inserted by No. 64/2000 s.5(a)(iii).
"Board of AMES" means the governing board of Adult Multicultural Education Services established by Order in Council under section47;
S. 3 def. of "Board of the Centre for Adult Education" inserted by No. 64/2000 s.5(a)(iii).
"Board of the Centre for Adult Education" means the Board of the Centre for Adult Education established by Order in Council under section 47;
S. 3 def. of "Centre for Adult Education" inserted by No. 64/2000 s.5(a)(iii).
"Centre for Adult Education" means the adult education institution known as the Centre for Adult Education established under section45;
S. 3 def. of "Commis-sion"
inserted by No. 97/2000 s.41(Sch. 2 item2.2).
"Commission" means the Victorian Learning and Employment Skills Commission;
S. 3 def. of "Council of Adult Education" repealed by No. 64/2000 s.5(a)(ii).
*****
"further education" has the same meaning as in the Vocational Education and Training Act 1990;
S. 3 def. of "governing board" inserted by No. 64/2000 s.5(a)(iii).
"governing board" means the governing board of an adult education institution established by Order in Council under section 47;
S. 3 def. of "Government office" amended by No. 89/1993 s.7(a).
"Government office" means—
(a)an office under the Crown in right of the State of Victoria (not being an office in the public service) to which the right to appoint is vested in the Governor in Council; or
(b)an office of a member, acting member or deputy member of a public statutory body, whether corporate or unincorporate, to which the right to appoint is vested in the Governor in Council;
S. 3 def. of "Regional Council" inserted by No. 64/2000 s.5(a)(iii).
"Regional Council" means a Regional Council of Adult, Community and Further Education established under Part 3;
s. 3
S. 3 def. of "State Training Board" repealed by No. 97/2000 s.41(Sch. 2 item2.1).
*****
S. 3 def. of "TAFE" amended by No. 18/1993 s.28(1)(a).
"TAFE" means technical and further education within the meaning of the Tertiary Education Act 1993;
"TAFE college" has the same meaning as in the Vocational Education and Training Act 1990;
S. 3 def. of "Victorian Post-Secondary Education Commission" repealed by No. 18/1993 s.28(1)(b).
*****
"vocational education and training" has the same meaning as in the Vocational Education and Training Act 1990.
4.Objects
s. 4
The adult, community and further education objects are—
(a)to provide for and promote learning opportunities for adults in a manner and setting appropriate to their needs; and
(b)to support and strengthen the capacity of local communities to respond to and meet the educational needs of members of their communities; and
(c)to provide opportunities for adults to prepare for and undertake formal education; and
(d)to meet diverse individual and community needs by providing for and promoting, amongst other things—
(i)the community based direction and management of adult, community and further education; and
(ii)a range of flexible quality programs which are responsive to individual and community needs including adult literacy and basic education, adult participation in the final years of secondary education, English as a second language for adults, liberal arts programs, programs directed towards the development of self expression and creativity, personal development programs and general educational programs for adults; and
(iii)additional opportunities for adults to complete the equivalent of a full secondary education; and
(iv)equitable access to educational programs; and
(v)a variety of methods by which programs are implemented; and
s. 4
(vi)a variety of places at which programs are implemented; and
(vii)the cross-crediting and linking of adult, community and further education courses and courses provided by other sectors of education; and
(viii)the recognition of prior learning.
______
Part 2—Adult, Community and Further Education Board
Division 1—Establishment, Powers and Functions of the Board
5.The Adult, Community and Further Education Board
s. 5
(1)There is established a Board to be called the Adult, Community and Further Education Board.
(2)The Board—
(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.
(3)The common seal must be kept as directed by the Board and must only be used as authorised by the Board.
(4)All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
6.Functions of the Board
s. 6
(1)The functions of the Board with respect to adult, community and further education that is not provided by TAFE colleges, are—
(a)to inquire into and make reports on the general development of policies, programs and services, having regard to, amongst other things—
(i)the needs of the community; and
(ii)the establishment of objectives and priorities; and
(iii)the promotion of an awareness of the importance of adult, community and further education; and
(iv)the adequacy of arrangements for persons who have not had or do not have access to education programs and who wish to participate in adult, community and further education programs; and
(v)the role of government in supporting community initiative in planning developing and providing adult, community and further education; and
(b)to plan, develop, evaluate and fund, policies, programs and services for the co-ordination, provision and support of adult, community and further education having regard to—
(i)the promotion of individual and community development through those policies, programs and services; and
(ii)the development and maintenance of the quality of and equitable access to those programs and services; and
(c)to provide for the delivery of adult, community and further education; and
(d)to advise the Minister on any matter relating to adult, community and further education; and
(e)to provide educational programs where directed by the Minister or so as to comply with any agreement or arrangement between the State and the Commonwealth or any other State or Territory of the Commonwealth; and
(f)to promote research and development into matters relating to adult, community and further education; and
(g)to promote public awareness of adult, community and further education; and
s. 6
(h)to carry out any other function that is conferred on the Board by this or any other Act.
S. 6(2) amended by No. 97/2000 s.41(Sch. 2 item2.3).
(2)The functions of the Board with respect to all adult, community and further education are to act jointly with the Commission—
(a)to plan for all adult, community and further education in the State including—
(i)analysing the needs of the community for adult, community and further education; and
(ii)deciding what priority is to be given to these needs; and
(iii)establishing objectives and targets in order to meet these needs; and
S. 6(2)(b) amended by No. 97/2000 s.41(Sch. 2 item2.4).
(b)to establish systems to achieve co-operation between the Board and the Commission in relation to, among other things, planning, curriculum development, accreditation, cross-crediting and linking of courses and recognition of prior learning for adult, community and further education.
7.Powers of the Board
s. 7
(1)The Board has power to do everything that is necessary or convenient for it to do for or in connection with the performance of its functions including any function delegated to it.
(2)In addition to the powers set out in sub-section (1) the Board may—
(a)be a member of a company, association, trust or partnership; and
(b)form or participate in the formation of a company, association, trust or partnership; and
(c)enter into a joint venture with any other person or persons; and
(d)apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; and
(e)assign or grant licences in respect of those intellectual property rights, with or without charge; and
(f)enter into agreements and arrangements for the commercial exploitation of intellectual property rights; and
(g)charge fees for adult, community and further education services provided by the Board.
8.Board to consult
s. 8
In carrying out its functions and exercising its powers, the Board must—
(a)give effect to the adult, community and further education plan; and
(b)have regard to the advice of a Regional Council of Adult, Community and Further Education on any matter relating to adult, community and further education in that Region; and
(c)consult, as a matter of general practice, with—
(i)the Regional Councils; and
S. 8(c)(ii) substituted by No. 64/2000 s.5(b).
(ii)the governing boards of adult education institutions; and
(iii)the Councils of TAFE colleges; and
(iv)any person or organisation providing or using adult, community and further education—
on any matter of general concern about adult, community and further education; and
(d)ensure that its actions are consistent with the arrangements for the provision of vocational education and training.
S. 9 amendedby No. 31/1994 s.3(Sch. 1 item 2).
9.Financial powers
The Board—
(a)may apply money for or towards the costs of or incidental to the performance of its functions and the exercise of its powers under this Act; and
(b)may make payments by way of grants, subsidies or loans in relation to adult, community and further education to any person, organisation or institution, whether public or private, on any terms or conditions that the Board thinks fit; and
(c)may make payments by way of grants, subsidies or loans in relation to adult, community and further education to a Council of a TAFE college and any such payment—
(i)must be consistent with the adult, community and further education plan; and
(ii)must be made on any terms and conditions that the Board thinks fit; and
S. 9(d) amended by No. 64/2000 s.7(1).
(d)may make payments to a Regional Council or the governing board of an adult education institution in accordance with a performance agreement entered into under section 11;
(e)may make payments by way of grants, subsidies or loans in relation to education other than adult, community and further education and any such payment—
(i)must not be made unless the Minister has first given his consent to it; and
(ii)is subject to any terms and conditions imposed by the Minister.
Division 2—Guidelines, Agreements and Plans
10.Ministerial guidelines or directions
s. 10
S. 10(1) amended by No. 64/2000 s.6(1).
(1)The Minister after consulting with or considering the advice of the Board may issue written guidelines or directions on any matter relating to adult, community and further education or the operation of Regional Councils of Adult, Community and Further Education or the governing boards of adult education institutions, including matters relating to the employment of staff by those Councils or those governing boards.
S. 10(1A) inserted by No. 64/2000 s.6(2).
(1A)A direction under sub-section (1) may be made so as to apply—
(a)generally or in specified cases or in a specified class of cases or specified classes of cases;
(b)at all times or at a specified time or times.
S. 10(2) amended by No. 18/1993 s.28(1)(c).
(2)If the Minister considers that a guideline or direction will affect post-secondary education or vocational education and training or other sectors of education, the Minister must consult with the Minister for the time being administering the Tertiary Education Act 1993 or the Minister for the time being administering the Education Act 1958 or the Minister for the time being administering the Vocational Education and Training Act 1990 (whichever is appropriate).
S. 10(3) amended by No. 64/2000 s.6(3).
(3)The Board, the governing board of an adult education institution and a Regional Council must observe and give effect to any guideline or direction issued under this section when exercising its functions or powers under this Act.
S. 11
amended by No. 64/2000 s.7(2) (ILA s.39B(1)).
11.Performance agreements
s. 11
(1)The Board may enter into a performance agreement with a Regional Council of Adult, Community and Further Education with respect to that Council's functions under this Act.
S. 11(2) inserted by No. 64/2000 s.7(2).
(2)The Board may enter into a performance agreement with the governing board of an adult education institution with respect to the functions of the governing board under this Act.
12.Adult, community and further education plan
s. 12
S. 12(1) substituted by No. 80/1997 s.38(1), amended by No. 97/2000 s.41(Sch. 2 item2.3).
(1)The Board and the Commission must jointly prepare an adult, community and further education plan.
(2)In developing the plan the Board must have regard to any regional plan for adult, community and further education developed by a Regional Council of Adult, Community and Further Education.
(3)The first plan must be made immediately upon the coming into operation of this section and a new plan must be made at the end of every three years after that.
S. 12(3A) inserted by No. 80/1997 s.38(2).
(3A)Nothing in sub-section (3) prevents a new plan from being made before the end of three years.
S. 12(4) amended by No. 97/2000 s.41(Sch. 2 item2.3).
(4)Before making a new plan, the Board and the Commission must jointly evaluate the previous plan.
S. 12(5) substituted by No. 80/1997 s.38(3).
(5)Each plan must be reviewed at regular intervals not exceeding 3 years after the making of the last plan.