Education and Training (Tasmanian Academy) By-laws 2010
The Board of the Tasmanian Academy makes the following by-laws under section 32 of the Education and Training (Tasmanian Academy) Act 2008 .
PART 1 - Preliminary
These by-laws may be cited as the Education and Training (Tasmanian Academy) By-laws 2010 .
These by-laws take effect on the day on which their making is notified in the Gazette.
In these by-laws –Academy campus means any campus that is used by the Academy to provide education or training services whether or not that campus is shared with the Skills Institute, the Polytechnic, or both;Academy property includes –(a) any real property under the control of the Academy; and(b) any facility owned or managed by the Academy; and(c) any plant or equipment under the control of, or owned, managed, used or maintained by, the Academy; and(d) any information, network, system, database or technology used, managed or maintained by the Academy;Act means the Education and Training (Tasmanian Academy) Act 2008 ;authorised person means –(a) a person appointed as an authorised person under clause 4(1) ; or(b) a person of a class determined under clause 4(2) ;controlled substance has the same meaning as in section 3 of the Misuse of Drugs Act 2001 ;dangerous article has the same meaning as in section 3 of the Police Offences Act 1935 ;disciplinary sanction means any disciplinary sanction imposed under clause 24 or 25 ;firearm has the same meaning as in section 3 of the Firearms Act 1996 ;Polytechnic means the Tasmanian Polytechnic established under section 5 of the Education and Training (Tasmanian Polytechnic) Act 2008 ;possession includes custody or control;Skills Institute means the Tasmanian Skills Institute established under section 5 of the Education and Training (Tasmanian Skills Institute) Act 2008 ;vehicle has the same meaning as in section 3 of the Traffic Act 1925 .
(1) The chief executive officer may appoint, by instrument of appointment, any person as an authorised person for the purpose of these by-laws.(2) The chief executive officer may determine, in writing, a class of persons to be authorised persons for the purposes 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 representation for students in their dealings with the Academy;(d) to facilitate communication between students and the Academy;(e) to co-operate with any other body or organisation with kindred aims;(f) 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 also an employee, is eligible to be a member of a student organisation.
7. Operation of student organisations
(1) A student organisation is to have a constitution that is approved by the Board.(2) A student organisation is to operate in accordance with its constitution.(3) A student organisation, before it begins operating, is to forward its proposed constitution to the Board for approval.(4) The Board may –(a) approve the constitution; or(b) approve the constitution, subject to any alteration the Board thinks fit.(5) A student organisation is to submit any proposed alteration to its constitution to the Board for approval.(6) The Board may –(a) approve any proposed alteration; or(b) approve any proposed alteration, subject to any further alteration the Board thinks fit; or(c) refuse to approve any proposed alteration.(7) Any provision of a constitution that has not been approved by the Board is of no effect.
PART 3 - Control of Vehicles
8. Conditions relating to use of vehicles
The Board or chief executive officer may determine the conditions under which vehicles may be driven or parked on an Academy campus.
9. Notice relating to vehicles
(1) The Board or chief executive officer may display a notice specifying instructions relating to the driving, parking or removal of vehicles on or from an Academy campus.(2) A person must comply with a notice under subclause (1) .(3) A person who fails to comply with a notice under subclause (1) commits a disciplinary offence.
10. Directions relating to vehicles
(1) An authorised person may give a direction to the person in charge of a vehicle relating to the driving, parking or removal of the vehicle on or from an Academy campus.(2) A person must comply with a direction under subclause (1) .(3) A person who fails to comply with a direction under subclause (1) commits a disciplinary offence.
(1) The Board or chief executive officer may –(a) determine the maximum speed at which vehicles may be driven on an Academy campus; and(b) erect a sign specifying that maximum speed.(2) A person must not drive a vehicle on an Academy campus at a speed in excess of the maximum speed determined for that campus, and specified on a sign erected, under subclause (1) .(3) A person who fails to comply with subclause (2) commits a disciplinary offence.
12. Requirement to consult for shared campuses
The Board or chief executive officer is not to make a determination or take any action under this Part in respect of a campus that is shared by the Academy with the Skills Institute, the Polytechnic, or both, unless the Board or chief executive officer has first consulted with the chief executive officer of the Skills Institute, the Polytechnic, or both, as appropriate.
PART 4 - Conduct
(1) Except with the permission of an authorised person, a person on an Academy campus must not –(a) hold a public meeting; or(b) have possession of any alcoholic liquor or controlled substance; or(c) have possession of any dangerous article or firearm; or(d) conduct or advertise any business for private gain; or(e) have possession of any animal other than a guide dog within the meaning of the Guide Dogs and Hearing Dogs Act 1967 .(2) A person who fails to comply with subclause (1) commits a disciplinary offence.
(1) Except with the permission of an authorised person, a person must not smoke, or use any tobacco or tobacco product, on a smoke-free campus.(2) A person who fails to comply with subclause (1) commits a disciplinary offence.(3) In this clause –smoke-free campus means an Academy campus –(a) that is determined by the chief executive officer to be a smoke-free campus; and(b) on which the chief executive officer has displayed signs, containing words or images, to indicate that smoking is prohibited on the campus.
15. Conduct in relation to assessment
(1) A person must not act dishonestly in relation to –(a) any examination, assessment or test conducted by the Academy; or(b) any thesis, report or other work undertaken by a student.(2) A person who fails to comply with subclause (1) commits a disciplinary offence.
16. Conduct in relation to property
(1) A person must not unlawfully destroy or injure any Academy property.(2) A person who fails to comply with subclause (1) commits a disciplinary offence.
17. Notice relating to conduct
(1) The Board may display a notice on an Academy campus specifying appropriate or inappropriate conduct in relation to any Academy property.(2) A person must comply with a notice under subclause (1) .(3) A person who fails to comply with a notice under subclause (1) commits a disciplinary offence.
(1) A person on an Academy campus must not –(a) hinder or obstruct an employee who is carrying out his or her duties; or(b) hinder or obstruct any other person who is carrying out any lawful activity.(2) A person must not –(a) hinder or obstruct an employee who is carrying out his or her duties on an Academy campus; or(b) hinder or obstruct any other person who is carrying out any lawful activity on an Academy campus.(3) A person who fails to comply with subclause (1) or (2) commits a disciplinary offence.
(1) A person on an Academy campus must not –(a) behave in a disorderly manner; or(b) behave in a manner that threatens his or her own safety or the safety of any other person.(2) A person who fails to comply with subclause (1) commits a disciplinary offence.
The chief executive officer or an authorised person may close all or part of an Academy campus –(a) if of the opinion that any person in or on that Academy campus is behaving, or is likely to behave –(i) in a disorderly manner; or(ii) in a manner that threatens his or her own safety or the safety of any other person; or(b) for any other purpose.
21. Notice relating to closure
(1) If an Academy campus or part of an Academy campus has been closed under clause 20 , the chief executive officer or an authorised person is to display, in a prominent position on the campus, a notice specifying –(a) that the Academy campus or part of the Academy campus has been closed; and(b) the period of the closure; and(c) the class of persons to which the Academy campus or part of the Academy campus has been closed.(2) A person of a class of persons to which an Academy campus or part of an Academy campus has been closed must not enter or remain on that Academy campus or part of that Academy campus.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.(3) A person of a class of persons to which an Academy campus or part of an Academy campus has been closed must immediately leave that campus or part of that campus that has been closed, if directed to do so by the chief executive officer or an authorised person.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.
22. Direction to leave Academy campus
(1) The chief executive officer or an authorised person may direct any person to leave an Academy campus or part of an Academy campus if –(a) that person fails to comply with any of these by-laws or the chief executive officer or authorised person has reasonable grounds for believing that the person is likely to contravene any of these by-laws; or(b) the chief executive officer or authorised person has reasonable grounds for believing that the presence or behaviour of that person is likely to be detrimental to –(i) any Academy property; or(ii) another person on the Academy campus; or(c) the chief executive officer or authorised person has reasonable grounds for believing that the person has used, or is likely to use, any Academy property in a way that the chief executive officer or authorised person believes is inappropriate; or(d) the person fails to comply with an instruction or direction by the chief executive officer, an authorised person or teacher employed or engaged for the purposes of the Academy.(2) A person must comply immediately with a direction under subclause (1) .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) A person who has reasonable grounds for believing a student has committed, or is committing, a disciplinary 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 person who reported the matter under subclause (1) , may hear and determine any matter relating to a disciplinary offence.(3) An offence under clause 21 or clause 22 is not a disciplinary offence.
(1) If the chief executive officer, on hearing a matter under clause 23(2) , determines that a student has committed a disciplinary offence, the chief executive officer may impose any one or more of the following disciplinary sanctions on the student:(a) warning or caution;(b) letter of censure;(c) suspension of the student's privileges;(d) withholding of the student's results;(e) deferral of the issuing of an award to the student;(f) suspension of the student for a period not exceeding one year;(g) expulsion of the student;(h) refusal to re-enrol the student.(2) The chief executive officer, as soon as practicable after imposing any disciplinary sanction under subclause (1) , is to give notice in writing of the sanction to the student to whom it applies.(3) If an authorised person, on hearing a matter under clause 23(2) , determines that a student has committed a disciplinary offence, the authorised person may –(a) impose any one or more of the disciplinary sanctions specified in subclause (1)(a) , (b) and (c) ; or(b) recommend to the chief executive officer the imposition of any one or more of the disciplinary sanctions specified in subclause (1)(d) , (e) , (f) , (g) and (h) .(4) An authorised person, as soon as practicable after imposing any disciplinary sanction under subclause (3)(a) , is to give notice in writing of the sanction to the student to whom it applies.(5) If the chief executive officer accepts the recommendation of the authorised person under subclause (3)(b) , the chief executive officer is to impose the disciplinary sanction and give notice in writing of the sanction to the student to whom it applies.
25. Disciplinary sanctions due to criminal or civil action
(1) In this clause –criminal or civil action, in respect of a student, means a criminal or civil action that the chief executive officer has reason to believe directly or indirectly involves –(a) the Academy; or(b) Academy property; or(c) another student at the Academy; or(d) a person employed or engaged by the Academy for the purposes of the Academy; or(e) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) or (d) ; or(f) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) or (e) .(2) The chief executive officer may impose one or more of the following disciplinary sanctions in respect of a student if the chief executive officer is aware of an incident that has resulted in, or may result in, a criminal or civil action being instituted against the student:(a) suspension of the student's privileges;(b) deferral of the issuing of an award to the student;(c) suspension of the student for a period not exceeding one year;(d) refusal to re-enrol the student.(3) A disciplinary sanction may only be imposed under subclause (2) within the relevant timeframe.(4) For the purpose of subclause (3) , the relevant timeframe is –(a) if a criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, until that action is resolved; or(b) if no criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, 24 months after the day of that incident report.(5) The chief executive officer may remove a disciplinary sanction imposed under subclause (2) at any time if the chief executive officer considers that the criminal or civil action that has resulted or may result from the incident no longer involves nor may involve, directly or indirectly –(a) the Academy; or(b) Academy property; or(c) another student at the Academy; or(d) a person employed or engaged by the Academy for the purposes of the Academy; or(e) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) or (d) ; or(f) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) or (e) .(6) The chief executive officer, as soon as practicable after any disciplinary sanction is imposed under subclause (2) , or removed under subclause (5) , is to give the student to whom it applies notice in writing of the imposition or removal of the disciplinary sanction.(7) The imposition of a disciplinary sanction under this clause in relation to an incident does not prevent any further disciplinary sanction from being imposed under clause 24 in respect of that incident.
PART 6 - Miscellaneous
26. Appeal against disciplinary sanction
(1) A student may appeal to the Board against the imposition of any disciplinary sanction in relation to that student within 21 days after receiving notification of the imposition of the sanction under clause 24(2) , (4) or (5) or clause 25(6) .(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.
28. Issue of award may be deferred
(1) If proceedings for an offence under clause 21 or 22 have commenced in relation to a student who has qualified for an award from the Academy, the issuing of the award may be deferred 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 it from the Academy is to be deferred.
The chief executive officer may refuse to re-enrol a student if the student has a debt due and owing to the Academy.
These by-laws were made by the Board at a meeting held on 23 February 2010.
The common seal of the Board was affixed on 24 February 2010, in the presence of –
KIM BOYER
Chairperson
VERNON POWELL
Director
ROB MEREDITH
Director
PETER CROGER
Director
JANE WATSON
Director
DAVID RICH
Director
ROBIN LOHREY
Director
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 March 2010
These by-laws are administered in the Department of Education.
EXPLANATORY NOTE
(This note is not part of the bylaw)
These by-laws, made under section 32 of the Education and Training (Tasmanian Academy) Act 2008 , provide for –(a) the formation and operation of student organisations by students of the Academy; and(b) the control of vehicles on Academy campuses; and(c) the conduct of students and persons on Academy campuses; and(d) disciplinary measures for students of the Academy; and(e) other miscellaneous matters relating to the provision of education and training services by the Academy.