TAFE Tasmania By-laws 1998
The Board of directors of TAFE Tasmania makes the following by-laws under section 42 of the TAFE Tasmania Act 1997 .
PART 1 - Preliminary
These by-laws may be cited as the TAFE Tasmania By-laws 1998 .
These by-laws take effect on the day on which their making is notified in the Gazette.
In these by-laws –Act means the TAFE Tasmania Act 1997 ;authorised person means a person appointed as an authorised person under clause 4 ;award means an award as defined by the Vocational Education and Training Act 1994 ;disciplinary sanction means any disciplinary sanction imposed under clause 22(1) ;TAFE property includes –(a) any real property under the control of TAFE Tasmania; and(b) any facility owned or managed by TAFE Tasmania;possession includes custody or control.
The chief executive officer may appoint any person or any person of a class of persons as an authorised person for the purpose of these by-laws.
PART 2 - Student organisations
5. Purposes of student organisations
A student organisation may be formed for any one or more of the following purposes:(a) to further the common interests of students;(b) to facilitate communication between students in matters of common interest;(c) to provide extracurricular activities for the general wellbeing of students;(d) to provide representation for students in their dealings with TAFE Tasmania;(e) to facilitate communication between students and TAFE Tasmania;(f) to co-operate with any other body or organisation with kindred aims;(g) to conduct or manage any activity of an educational, cultural, sporting, welfare or recreational nature for the benefit of students.
6. Membership of student organisations
Any student, other than a student who is an employee, is eligible to be a member of a student organisation.
7. Operation of student organisations
(1) A student organisation is to operate in accordance with its constitution.(2) A student organisation, before it begins operation, is to forward its proposed constitution to the Board for approval.(3) The Board may –(a) approve the constitution; or(b) approve the constitution, subject to any alteration the Board thinks fit.(4) A student organisation is to submit any proposed alteration to its constitution to the Board for approval.(5) The Board may –(a) approve any proposed alteration; or(b) approve any proposed alteration, subject to any further alteration the Board thinks fit.(6) Any provision of a constitution that has not been approved is of no effect.
PART 3 - Control of vehicles
8. Conditions relating to use of vehicles
The Board may determine any conditions under which vehicles may be driven or parked on any TAFE property.
9. Notice relating to vehicles
(1) The Board may display a notice specifying any instructions relating to the driving or parking of vehicles on any TAFE property.(2) A person must comply with a notice.(3) A person who fails to comply with a notice commits an offence.
10. Directions relating to vehicles
(1) An authorised person may give any direction relating to the driving or parking of vehicles on any TAFE property.(2) A person must comply with a direction.(3) A person who fails to comply with a direction commits an offence.
(1) The Board may –(a) determine the maximum speed at which vehicles may be driven on any TAFE property; and(b) erect any sign specifying that maximum speed.(2) A person must not drive a vehicle on any TAFE property at a speed in excess of any specified maximum speed.(3) A person who fails to comply with subclause (2) commits an offence.
PART 4 - Conduct
(1) Except with the permission of an authorised person, a person in or on TAFE property must not –(a) hold a public meeting; or(b) have possession of any alcoholic liquor; or(c) conduct any business for private gain; or(d) have possession of any animal.(2) A person who fails to comply with subclause (1) commits an offence.
13. Conduct in relation to assessment
(1) A person must not act dishonestly in relation to –(a) any examination, assessment or test conducted by TAFE Tasmania; or(b) any thesis, report or other work undertaken by a student.(2) A person who fails to comply with subclause (1) commits an offence.
14. Conduct in relation to property
(1) A person must not deface, interfere with or damage –(a) any equipment owned or managed by TAFE Tasmania; or(b) any TAFE property.(2) A person who fails to comply with subclause (1) commits an offence.
15. Notice relating to conduct
(1) The Board may display a notice specifying appropriate conduct in relation to –(a) any equipment owned or managed by TAFE Tasmania; or(b) any TAFE property.(2) A person must comply with a notice.(3) A person who fails to comply with a notice commits an offence.
(1) A person in or on TAFE property must not –(a) hinder or obstruct any other person who is carrying out any lawful activity; or(b) hinder or obstruct an employee who is carrying out his or her duties.(2) A person who fails to comply with subclause (1) commits an offence.
(1) A person in or on TAFE property must not –(a) behave in a disorderly manner; or(b) behave in a manner that is unsafe to that person or any other person.(2) A person who fails to comply with subclause (1) commits an offence.
(1) The chief executive officer or an authorised person may close any TAFE property if of the opinion that any person in or on that TAFE property is behaving, or is likely to behave –(a) in a disorderly manner; or(b) in a manner that is unsafe to that person or any other person.(2) Any TAFE property may be closed –(a) under subclause (1) ; or(b) for any other purpose.
19. Notice relating to closure
(1) The chief executive officer or an authorised person is to display a notice specifying –(a) any TAFE property that has been closed; and(b) the period of the closure; and(c) the class of persons to which the TAFE property has been closed.(2) A person of a class of persons to which any TAFE property has been closed must not enter or remain in or on that TAFE property.Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
20. Person may be directed to leave TAFE property
(1) The chief executive officer or an authorised person may direct any person to leave TAFE property if –(a) that person fails to comply with any of these by-laws; or(b) the chief executive officer or authorised person has reasonable grounds for believing that the presence of that person is likely to be detrimental to –(i) any equipment owned or managed by TAFE Tasmania; or(ii) any TAFE property.(2) A person must comply immediately with a direction.Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
PART 5 - Discipline
(1) An authorised person who has reasonable grounds for believing a student has committed, or is committing, an offence under these by-laws may report the matter to the chief executive officer.(2) The chief executive officer or an authorised person other than the authorised person referred to in subclause (1) may hear and determine any matter relating to an offence.(3) This clause does not apply to an offence under clause 19 or 20 .
(1) If the chief executive officer or an authorised person, on hearing a matter under clause 21(2) , determines that a student has committed an offence, the chief executive officer or authorised person may impose any one or more of the following disciplinary sanctions on the student:(a) suspension of the student's privileges;(b) withholding of the student's results;(c) adjournment of the issuing of an award to the student;(d) suspension of the student for a period not exceeding 2 semesters;(e) expulsion of the student;(f) refusal to re-enrol the student.(2) Any disciplinary sanction imposed by an authorised person under subclause (1)(e) or (f) is of no effect unless confirmed by the chief executive officer.(3) The chief executive officer, as soon as practicable after any disciplinary sanction is imposed in relation to a student, is to give the student notice in writing of the sanction.
PART 6 - Miscellaneous
23. Appeal against disciplinary sanction
(1) A student may appeal to the Board against the imposition of any disciplinary sanction in relation to that student.(2) On hearing an appeal, the Board may –(a) uphold the appeal and revoke the imposition of any disciplinary sanction; or(b) dismiss the appeal and confirm the imposition; or(c) dismiss the appeal and substitute any other disciplinary sanction.
The Board is to establish procedures for the hearing and determining of appeals.
25. Issue of award may be adjourned
(1) If proceedings for an offence under clause 19 or 20 have commenced in relation to a student who has qualified for an award from TAFE Tasmania, the issuing of the award may be adjourned until after the proceedings are completed.(2) The Board may determine any other circumstances in which the issuing of an award to a student who has qualified for an award from TAFE Tasmania is to be adjourned.
These by-laws were made by the Board of directors of TAFE Tasmania at a meeting held on 28 August 1998.
The common seal of the Board of directors of TAFE Tasmania was affixed on 28 August 1998, in the presence of –
Michael Ayre
Chairperson
P. Roberts-Thomson
Director
A. Burbury
Director
Neil Robson
Director
L. Forsyth
Director
Debra Hill
Director
John Smyth
Director
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 18 November 1998
These by-laws are administered by the Department of Education.
EXPLANATORY NOTE
(This note is not part of the bylaw)
These by-laws provide for –(a) the operation of student organisations within TAFE Tasmania; and(b) the conduct of persons in relation to –(i) student assessments; and(ii) TAFE property; and(c) the control of vehicles on TAFE property; and(d) disciplinary hearings; and(e) the imposition of disciplinary sanctions; and(f) appeals.