Education and Training (Tasmanian Academy) Regulations 2011

Education and Training (Tasmanian Academy) Regulations 2011

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Education and Training (Tasmanian Academy) Act 2008 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

L. E. THORP

Minister for Education and Skills

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Education and Training (Tasmanian Academy) Regulations 2011 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Academy property includes –

(a) any real property under the control of, or managed, used or maintained by, the Academy; and

(b) any facility under the control of, or managed, used or maintained by, the Academy; and

(c) any plant or equipment under the control of, or 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 regulation 4(1) ; or

(b) a person of a class determined under regulation 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 regulation 22 or 23 ;

firearm has the same meaning as in section 3 of the Firearms Act 1996 ;

possession includes custody and control;

vehicle has the same meaning as in section 3 of the Traffic Act 1925 .

4.   Authorised persons

(1)  The Secretary –

(a) may appoint a State Service officer or State Service employee employed in the Department to be an authorised person for the purpose of these regulations; and

(b) with the consent of another Head of a State Service Agency, may appoint a State Service officer or State Service employee employed in that Agency to be an authorised person for the purposes of these regulations –

and that officer or employee may hold that office in conjunction with State Service employment.

(2)  The Secretary may determine, in writing, a class of persons to be authorised persons.

(3)  A person appointed as an authorised person under subregulation (1) , or who is of a class determined to be authorised persons under subregulation (2) , is an authorised person subject to any conditions specified in the appointment or determination, including but not limited to –

(a) a condition that the person is an authorised person for the purposes, or in relation to the provisions of the Act or these regulations, specified in the appointment or determination; and

(b) a condition that the person is not an authorised person for the purposes, or in relation to the provisions of the Act or these regulations, specified in the appointment or determination.

PART 2 - Student Organisations

5.   Purposes of student organisations

A student organisation may be formed for a college for any one or more of the following purposes:

(a) to further the common interests of students of the college;

(b) to facilitate communication between students of the college in matters of common interest;

(c) to provide representation for students of the college in their dealings with the Academy or principal of the college;

(d) to facilitate communication between students of the college and the Academy or principal of the college;

(e) to cooperate 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 of the college.

6.   Membership of student organisations

Any student, other than a student who is also a State Service employee, or State Service officer, employed for the purposes of the Academy, is eligible to be a member of a student organisation.

7.   Formation and constitutions of student organisations

(1)  A student organisation is to have a constitution that is approved by the principal of the relevant college.

(2)  A proposed student organisation is to forward its proposed constitution to the principal of the relevant college for approval.

(3)  A principal may –

(a) approve a proposed constitution; or

(b) approve the proposed constitution, subject to any amendment the principal considers appropriate.

(4)  A student organisation is formed when the proposed constitution of the proposed student organisation is approved under subregulation (3)(a) or (b) by the principal of the relevant college.

(5)  A student organisation is to submit any proposed amendment to its constitution to the principal of the relevant college for approval.

(6)  A principal may –

(a) approve any proposed amendment of the constitution of a student organisation; or

(b) approve any such proposed amendment, subject to any amendment the principal considers appropriate; or

(c) refuse to approve any such proposed amendment.

(7)  A provision of a constitution of a student organisation that has not been approved by the principal of the relevant college is of no effect.

8.   Operation of student organisations

A student organisation is to operate in accordance with its constitution.

PART 3 - Control of Vehicles

9.   Conditions relating to use of vehicles

The executive officer may determine the conditions under which vehicles may be driven, ridden, parked or removed on or from a campus.

10.   Notice relating to vehicles

(1)  The executive officer may display a notice specifying instructions relating to the driving, riding, parking or removal of vehicles on or from a campus.

(2)  A person must comply with a notice under subregulation (1) .

(3)  A person who fails to comply with a notice under subregulation (1) commits a disciplinary offence.

11.   Directions relating to vehicles

(1)  An authorised person may give a direction to the person in charge of a vehicle relating to the driving, riding, parking or removal of the vehicle on or from a campus.

(2)  A person must comply with a direction under subregulation (1) .

(3)  A person who fails to comply with a direction under subregulation (1) commits a disciplinary offence.

12.   Maximum speed limits

(1)  The executive officer may –

(a) determine the maximum speed at which vehicles may be driven or ridden on a campus; and

(b) erect signs specifying that maximum speed.

(2)  A person must not drive or ride a vehicle on a campus at a speed in excess of the maximum speed determined for that campus, and specified on a sign erected, under subregulation (1) .

(3)  A person who contravenes subregulation (2) commits a disciplinary offence.

PART 4 - Conduct

13.   General

(1)  Except with the permission of an authorised person, a person on a 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 contravenes subregulation (1) commits a disciplinary offence.

14.   Smoke-free campuses

(1)  In this regulation –

smoke-free campus means a campus – 

(a) that is determined by the executive officer to be a smoke-free campus; and

(b) on which the executive officer displays signs, containing words or images, to indicate that smoking is prohibited on the campus.

(2)  A person must not smoke, or use any tobacco or tobacco product, on a smoke-free campus.

(3)  A person who contravenes subregulation (2) commits a disciplinary offence.

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 essay, thesis, report or other work undertaken by a student.

(2)  A person who contravenes subregulation (1) commits a disciplinary offence.

16.   Conduct in relation to property

(1)  A person must not unlawfully destroy or damage any Academy property.

(2)  A person who contravenes subregulation (1) commits a disciplinary offence.

17.   Notice relating to conduct

(1)  The executive officer may display a notice on a campus specifying appropriate or inappropriate conduct in relation to any Academy property.

(2)  A person must comply with a notice under subregulation (1) .

(3)  A person who fails to comply with a notice under subregulation (1) commits a disciplinary offence.

18.   Obstructive behaviour

(1)  A person must not –

(a) hinder or obstruct a State Service employee, or State Service officer, employed for the purposes of the Academy who is carrying out his or her duties, or exercising his or her powers, on a campus; or

(b) hinder or obstruct any other person who is carrying out any lawful activity on a campus.

(2)  A person who contravenes subregulation (1) commits a disciplinary offence.

19.   Disorderly behaviour

(1)  A person on a 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 student, whether on a campus or elsewhere, must not behave in a manner that is likely to bring the Academy or a college into disrepute.

(3)  A person who contravenes subregulation (1) or (2) commits a disciplinary offence.

20.   Direction to leave campus

(1)  A principal or an authorised person may direct any person to leave a campus or part of a campus if –

(a) that person contravenes any of these regulations; or

(b) the principal or authorised person has reasonable grounds for believing that that person is likely to contravene any of these regulations; or

(c) the principal or authorised person has reasonable grounds for believing that the presence or behaviour of that person is likely to cause damage or be detrimental to –

(i) any Academy property; or

(ii) another person on the campus; or

(d) the principal 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 principal or authorised person believes is inappropriate; or

(e) the person fails to comply with an instruction or direction given by the principal, an authorised person or a teacher employed or engaged for the purposes of the Academy.

(2)  A person must comply immediately with a direction given under subregulation (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.

(3)  An offence under subregulation (2) is not a disciplinary offence.

PART 5 - Discipline

21.   Disciplinary hearings

(1)  A person who has reasonable grounds for believing a student has committed, or is committing, a disciplinary offence under these regulations may report the matter to the Secretary or an authorised person.

(2)  On receiving a report under subregulation (1) , or if the Secretary or an authorised person has other reason to believe that a student has committed, or is committing, a disciplinary offence under these regulations, the Secretary or the authorised person may hear and determine any matter relating to the relevant disciplinary offence.

22.   Disciplinary sanctions

(1)  If the Secretary, on hearing a matter under regulation 21(2) , determines that a student has committed a disciplinary offence, the Secretary or an authorised person may impose any one or more of the following disciplinary sanctions on the student:

(a) a warning or caution;

(b) a letter of censure;

(c) a suspension of the student's privileges;

(d) a withholding of the student's results;

(e) a deferral of the issuing of an award to the student;

(f) a suspension of the student for a period not exceeding one year;

(g) an expulsion of the student;

(h) a refusal to re-enrol the student.

(2)  If an authorised person, on hearing a matter under regulation 21(2) , determines that a student has committed a disciplinary offence, the authorised person may take one or more of the following actions:

(a) impose any one or more of the following disciplinary sanctions on the student:

(i) a warning or caution;

(ii) a letter of censure;

(iii) a suspension of the student's privileges;

(iv) a withholding of the student's results;

(v) a deferral of the issuing of an award to the student;

(vi) a suspension of the student for a period not exceeding 2 weeks;

(b) recommend to the Secretary that he or she impose one or more of the following disciplinary sanctions on the student:

(i) a suspension of the student for a period exceeding 2 weeks but not exceeding one year;

(ii) an expulsion of the student;

(iii) a refusal to re-enrol the student.

(3)  On receiving a recommendation from an authorised person, the Secretary –

(a) is to determine whether the student has committed a disciplinary offence; and

(b) if the Secretary determines that the student has committed a disciplinary offence, may impose the disciplinary sanctions recommended by the authorised person or such other disciplinary sanctions specified in subregulation (1) as the Secretary considers appropriate in the circumstances.

(4)  For the purpose of making a determination under this section, the Secretary or an authorised person may conduct the hearing, or obtain evidence and information –

(a) in accordance with any procedures established by the Secretary; or

(b) if no such procedures have been established, in such manner as the Secretary or authorised person considers appropriate.

(5)  As soon as practicable after imposing a disciplinary sanction on a student under this section, the Secretary or authorised person is to give to the student notice in writing of the disciplinary sanction.

23.   Disciplinary sanctions due to criminal or civil action

(1)  In this regulation –

criminal or civil action, in respect of a student, means criminal or civil proceedings that directly or indirectly involve –

(a) the Academy; or

(b) Academy property; or

(c) another student at the Academy; or

(d) a State Service employee, or State Service officer, employed for the purposes of the Academy or another person who is required in the course of his or her employment to perform duties on a campus; 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) ;

incident day, in relation to an incident involving a student, means the first occurring of the following days:

(a) the day on which the incident is first reported to the Secretary or to an authorised person;

(b) the day on which the Secretary or an authorised person first becomes aware of the incident;

relevant period, in relation to an incident involving a student, means the period commencing on the incident day and ending –

(a) when a criminal or civil action commenced against the student as a result of the incident is resolved if the criminal or civil action is commenced against the student within 12 months after the incident day; or

(b) 24 months after the incident day if such a criminal or civil action is not instituted against the student within 12 months after the incident day.

(2)  If the Secretary reasonably believes that a criminal or civil action has been commenced, or may be commenced, against a student as the result of an incident involving the student, the Secretary may impose on the student one or more of the disciplinary sanctions specified in regulation 22(1) .

(3)  If an authorised person reasonably believes that a criminal or civil action has been commenced, or may be commenced, against a student as the result of an incident involving the student, the authorised person may take one or more of the following actions:

(a) impose on the student any one or more of the disciplinary sanctions specified in regulation 22(2)(a) ;

(b) recommend to the Secretary that he or she impose on the student one or more of the disciplinary sanctions specified in regulation 22(2)(b) .

(4)  On receiving a recommendation from an authorised person under subregulation (3)(b) , the Secretary –

(a) is to accept that the authorised person has a reasonable belief that a criminal or civil action has been commenced, or may be commenced, against the student as the result of an incident involving the student; and

(b) may impose the disciplinary sanctions recommended by the authorised person or such other disciplinary sanctions specified in regulation 22(1) as the Secretary considers appropriate in the circumstances.

(5)  A disciplinary sanction may only be imposed on a student under this section within the relevant period.

(6)  If the Secretary considers that criminal or civil proceedings commenced, or that may be commenced, against a student as the result of an incident involving the student are not, or have ceased to be, a criminal or civil action, the Secretary may remove any disciplinary sanction imposed on the student under this section in relation to that incident.

(7)  If an authorised person considers that criminal or civil proceedings commenced, or that may be commenced, against a student as the result of an incident involving the student are not, or have ceased to be, a criminal or civil action, the authorised person may take one or more of the following actions:

(a) remove any disciplinary sanction imposed on the student by that or another authorised person under this section in relation to that incident;

(b) recommend to the Secretary that he or she remove any disciplinary sanction imposed on the student by the Secretary under this section in relation to that incident.

(8)  On receiving a recommendation from an authorised person under subregulation (7)(b) , the Secretary –

(a) is to determine whether the criminal or civil proceedings commenced or that may be commenced against the student as the result of an incident involving the student are not, or have ceased to be, a criminal or civil action; and

(b) if the Secretary considers that those proceedings are not, or have ceased to be, a criminal or civil action, may remove the disciplinary sanctions imposed on the student in relation to that incident.

(9)  For the purpose of forming a belief or making a determination under this section, the Secretary or an authorised person may obtain evidence and information –

(a) in accordance with any procedures established by the Secretary; or

(b) if no such procedures have been established, in such manner as the Secretary or authorised person considers appropriate.

(10)  As soon as practicable after imposing a disciplinary sanction on, or removing a disciplinary sanction from, a student under this section, the Secretary or authorised person is to give to the student notice in writing of the imposition or removal of the disciplinary sanction.

(11)  The imposition of a disciplinary sanction under this regulation in relation to an incident does not prevent any further disciplinary sanction from being imposed under regulation 22 in respect of that incident.

24.   Appeal against disciplinary sanction

(1)  A student may appeal to the Secretary against the imposition by the Secretary or an authorised person of any of the following disciplinary sanctions under regulation 22 or 23 :

(a) a suspension of the student for a period exceeding 2 weeks;

(b) an expulsion of the student;

(c) a refusal to re-enrol the student.

(2)  An appeal must be commenced –

(a) in writing addressed to the Secretary; and

(b) within 21 days after receiving notification of the imposition of the disciplinary sanction.

(3)  On hearing an appeal, the Secretary may –

(a) revoke the imposition of the disciplinary sanction appealed against; or

(b) confirm the imposition of the disciplinary sanction appealed against; or

(c) revoke the imposition of the disciplinary sanction appealed against and substitute any other disciplinary sanction that the Secretary may impose under regulation 22 or 23 .

25.   Procedure for appeals

The Secretary is to establish procedures for the hearing and determination of appeals.

PART 6 - Miscellaneous

26.   Issue of award may be deferred

(1)  If proceedings for an offence under regulation 20 have commenced against 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 Secretary –

(a) may determine other circumstances in which the issuing of an award to a student who has qualified for it from the Academy is to be deferred; and

(b) is to make such a determination available to students in such manner as the Secretary considers appropriate.

27.   Transitional and savings provision

(1)  In this section –

commencement day means the day on which these regulations take effect;

former authorised person means a person who was an authorised person within the meaning of the Education and Training (Tasmanian Academy) By-laws 2010 as in force before 1 January 2011;

former Board means the Board of Directors holding office under the Act as in force immediately before 1 January 2011;

former chief executive officer means the person who was the chief executive officer within the meaning of the Act as in force immediately before 1 January 2011.

(2)  Any approval given, appointment or determination made or other action taken by the former chief executive officer, the former Board or a former authorised person under the Education and Training (Tasmanian Academy) By-laws 2010 that was in effect immediately before the commencement day, or that was in effect on 31 December 2010 and would but for the repeal of those by-laws have been in effect immediately before the commencement day, has effect on and from the commencement day as if it were an approval given, appointment or determination made or action taken under these regulations by the Secretary, the executive officer, a principal or an authorised person, as appropriate in the circumstances.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 February 2011

These regulations are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) the formation of student organisations; and

(b) the control of vehicles on campuses; and

(c) the conduct of persons on campuses; and

(d) the discipline of students; and

(e) transitional and savings matters consequent on the enactment of the Education and Training (Tasmanian Academy) Amendment Act 2010 ; and

(f) related matters.