TAFE Tasmania Amendment Act 2007

TAFE Tasmania Amendment Act 2007

An Act to amend the TAFE Tasmania Act 1997

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the TAFE Tasmania Amendment Act 2007 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the TAFE Tasmania Act 1997 is referred to as the Principal Act.

4.    Section 36 amended (Employees)

Section 36 of the Principal Act is amended by inserting after subsection (5) the following subsections:

(6)  Notwithstanding section 37(1) and (3) of the State Service Act 2000 , the Minister administering that Act may appoint a person under that Act as a sessional employee for the purposes of this Act.

(7)  Where a person who was employed as a sessional employee, or to do work of a sessional nature, before the commencement of the TAFE Tasmania Amendment Act 2007 , has been remunerated for that employment in such a way as to compensate him or her for the absence of leave and other entitlements, that person is not entitled to further remuneration or compensation for those entitlements in respect of that employment.

(8)  A person employed as a sessional employee or to do work of a sessional nature is not, by reason only of that employment, to be regarded for any purpose as being in full-time, part-time or casual employment within the meaning of the Industrial Relations Act 1984 .

(9)  In this section –

sessional employee means an employee who is employed by reference to his or her delivery of training sessions;

training session means a workplace-oriented course or part of a course that is designed to –

(a) facilitate or supervise learning through instruction, mentoring, coaching, observation, demonstration or the conduct of assessment activities; and

(b) impart knowledge, skills and attitudes.

[Second reading presentation speech made in:

House of Assembly on 31 OCTOBER 2007

Legislative Council on 14 NOVEMBER 2007]