Institute of Educational Administration (Repeal) Act 1993

Version No. 001

Institute of Educational Administration (Repeal) Act 1993

Act No. 45/1993

Version as at 7 April 1998

table of provisions

SectionPage

Part 1—Preliminary

1.Purpose

2.Commencement

3.Definitions

Part 2—Repeal of Act and Transitional Provisions

4.Repeal of the Institute of Educational Administration Act 1980

5.Abolition of Institute

6.Transfer of assets and liabilities

7.Staff

Part 3—Crown Land Occupied by the Institute

8.Revocation of permanent reservation

9.Access to land in Schedule 1

10.Consequences of revocation

11.Conditions as to vesting

12.Registrar of Titles to amend records

13.No compensation payable by Crown

Part 4—General

14.Supreme Court—Limitation of Jurisdiction

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SCHEDULES

SCHEDULE 1—Land in Respect of which Permanent Reservation is Revoked

SCHEDULE 2—Public Park Reserve

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 001

Institute of Educational Administration (Repeal) Act 1993

Act No. 45/1993

Version as at 7 April 1998

Institute of Educational Administration (Repeal) Act 1993

Act No. 45/1993

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purpose

The purpose of this Act is to—

(a)repeal the Institute of Educational Administration Act 1980; and

(b)to make provision for the disposal of the land and assets of the Institute; and

(c)make provision for the current staff of the Institute; and

(d)make provision for other related matters.

2.Commencement

(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2)Parts 3 and 4 of this Act come into operation on a day to be proclaimed.

(3)Part 2 of this Act comes into operation on a day to be proclaimed.

(4)If a provision referred to in sub-section (2) or (3) does not come into operation within the period of 12 months beginning on and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3.Definitions

s. 3

In this Act—

"Council" means the governing body of the Institute of Educational Administration established under section 9 of the Institute of Educational Administration Act 1980;

"Institute" means the Institute of Educational Administration established under section 3 of the Institute of Educational Administration Act 1980;

"Minister" means the Minister for Education.

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Part 2—Repeal of Act and Transitional Provisions

No. 9465 as amended by Nos 59/1986 and 50/1988.

4.Repeal of the Institute of Educational Administration Act 1980

s. 4

The Institute of Educational Administration Act 1980 is repealed.

5.Abolition of Institute

(1)The Institute is abolished.

(2)A person holding office as a member of the Council of the Institute immediately before the commencement of this section—

(a)ceases to hold that office; and

(b)is not entitled to any remuneration or compensation because of the loss of that office.

(3)A person who, immediately before the commencement of this section, was an officer or employee of the Institute (including the Director appointed under section 15 of the Institute of Educational Administration Act 1980)—

(a)ceases to be such an officer or employee; and

(b)except as provided in section 7 is not entitled to any remuneration or compensation because of ceasing to be such an officer or employee.

6.Transfer of assets and liabilities

(1)All assets and rights (including intellectual property) vested in or held by the Institute immediately before the commencement of this section vest in the Minister.

(2)All liabilities of the Institute existing immediately before the commencement of this section become liabilities of the Minister.

(3)The Minister is substituted as a party to any agreement, contract, lease or other arrangement and to any proceedings to which the Institute was a party immediately before the commencement of this section.

(4)Any permit, licence or authority of any kind issued or granted to the Institute by or under any Act continues to operate as if issued or granted to the Minister.

(5)All records and documents of the Institute become the property of the Minister.

(6)Unless a contrary intention appears, a reference to the Institute, or to the Council, or to the Council of the Institute of Educational Administration established by Order of the Governor in Council made on 1 August 1978 and published in the Government Gazette on 2 August 1978 is deemed to be a reference to the Minister if the reference—

(a)is in an Act, other than this Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, a judgment or order or any other document whatever; and

(b)is in relation to a period occurring on or after the commencement of this section.

7.Staff

s. 7

(1)An officer or employee of the Institute, including the Director, who—

(a)was immediately prior to his or her appointment, an officer in the public service under the Public Sector Management Act 1992 or the Public Service Act 1974; or

(b)having formerly been an officer in the public service, has been continuously engaged or employed since he or she ceased to be such an officer in an office or capacity to which he or she was eligible to be re-appointed upon the termination of that employment or engagement to an office in the public service—

is entitled to be re-appointed by the Minister administering the Public Sector Management Act 1992 to a position in the public service with a classification and emolument corresponding with or higher than that which he or she last held in the public service.

(2)An officer or employee of the Institute, including the Director, who—

(a)was immediately prior to his or her appointment, a member of the teaching service; or

(b)having formerly been a member of the teaching service, has been continuously engaged or employed since he or she ceased to be such a member in an office or capacity to which he or she was eligible to be re-appointed upon the termination of that employment or engagement to the teaching service—

is entitled to be re-appointed by the Minister administering the Teaching Service Act 1981 to an office in the teaching service with a classification and emolument corresponding with or higher than that which he or she last held in the teaching service.

s. 7

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Part 3—Crown Land Occupied by the Institute

8.Revocation of permanent reservation

s. 8

The Order in Council specified in Schedule 1 is revoked.

9.Access to land in Schedule 1

(1)On receiving a plan of survey, signed by the Surveyor-General, of so much of the land described in Schedule 2 as the Minister considers necessary to permit access by road to the land described in Schedule 1, the Minister may recommend that the Governor in Council make an Order under this section.

(2)On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may approve the plan of survey.

(3)On the publication of the Order in the Government Gazette—

(a)the Order in Council specified in Schedule 2 is revoked to the extent that it applies to the land shown in the plan of survey; and

(b)the land shown in the plan of survey is deemed to be proclaimed a road under section 25(3)(c) of the Land Act 1958.

(4)This section has effect despite anything to the contrary in any Act or law.

10.Consequences of revocation

(1)On the revocation by this Act of the Order in Council mentioned in section 8—

(a)the land in respect of which the Order is revoked is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b)the management and control of that land is divested from the Institute; and

(c)the land vests in fee simple in the Minister and the Minister's successors under section 16 of the Education Act 1958; and

(d)the appointment of any committee of management is revoked to the extent that it relates to the land; and

(e)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

(2)On the revocation by this Act of the Order in Council mentioned in section 9—

(b)the appointment of any committee of management is revoked to the extent that it relates to the land; and

(c)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

11.Conditions as to vesting

s. 11

(1)Land vests in the Minister under section 10(1) subject to the covenants, conditions, exceptions, reservations and limitations imposed by the Governor in Council at the time of vesting or at any time before the Minister is registered as the proprietor of the land.

(2)Any covenants, conditions, exceptions, reservations and limitations imposed under sub-section (1) must be published in the Government Gazette.

12.Registrar of Titles to amend records

s. 12

The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments in the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of this Act.

13.No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Part.

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Part 4—General

14.Supreme Court—Limitation of Jurisdiction

s. 14

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from awarding—

(a)any amount by way of compensation or remuneration because of—

(i)any loss of office as a member of the Council; or

(ii)any loss due to cessation of employment as an officer or employee of the Institute—

except in the circumstances set out in section7; or

(b)compensation in respect of anything done under or arising out of Part 3.

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SCHEDULES

SCHEDULE 1

Land in Respect of which Permanent Reservation is Revoked

Sch. 1

Situation and area of land / Instrument and date of reservation / Description of land by reference to the Government Gazette / Purpose of reservation / Extent of revocation
Crown allotment 24A, section 86A, City of Geelong, Parish of Corio, 1·600 hectares more or less / Order in Council dated 26 October 1982 / 27 October 1982, page 3560 / permanently reserved for the Institute of Educational Administration / the whole

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SCHEDULE 2

Sch. 2

Public Park Reserve

Situation and area of land / Instrument and date of reservation / Description of land by reference to the Government Gazette / Purpose of reservation / Extent of revocation
Crown allotment 24B, section 86A, City of Geelong, Parish of Corio, 7·305 hectares more or less / Order in Council dated 26 October 1982 / 27 October 1982, page 3559 / permanently reserved for Public Park and Recreation / the land shown on the plan of survey under section 9

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ENDNOTES

Endnotes

1.General Information

Minister's second reading speech—

Legislative Assembly: 22 April 1993

Legislative Council: 12 May 1993

Constitution Act 1975:

Section 85 (5) statement:

Legislative Assembly: 22 April 1993

Legislative Council: 12 May 1993

Absolute majorities:

Legislative Assembly: 7 May 1993

Legislative Council: 25 May 1993

The long title for the Bill for this Act was "A Bill to repeal the Institute of Educational Administration Act 1980, to make provisions concerning the assets, liabilities and staff of the Institute and for other purposes.".

The Institute of Educational Administration (Repeal) Act 1993 was assented to on 1 June 1993 and came into operation as follows:

Ss. 1 to 3 on 1 June 1993: s. 2(1);

Rest of Act on 30 November 1993: Special Gazette (No. 90) 30 November 1993 page 1.

2.Table of Amendments

Endnotes

There are no amendments made to the Institute of Educational Administration (Repeal) Act 1993 by Acts and subordinate instruments.

3.Explanatory Details

Endnotes

No entries at date of publication.