Staff on TAFE Boards

The Legislative Context

Each TAFE Institute is governed by an independent board on behalf of the Minister for Training and Skills, and the Victorian Government.  The Board is established as the governing body of the TAFE by the Act, and a key document for each Board is its Constitution which is made by an Order in Council by the Governor of Victoria, on the advice of the Minister for Training and Skills. 

TAFE Institutes and TAFE Boards are regulated by a range of legislation which includes the following key Acts: 

• Education and Training Reform Act 2006: the establishing legislation for TAFEs and the Boards 
  
  
• Public Administration Act 2004: which sets out the required standards of conduct across the public sector 
  
  
• Financial Management Act 1994: the basis for financial management and reporting requirements for public entities in Victoria 
  

The Board must also comply with a range of whole-of-government laws, including legislation with focus on: 

• Accountability and transparency such as the Freedom of Information Act 1982, the Ombudsman Act 1973; and the Protected Disclosure Act 2012; 
  
  
• Human Rights such as the Charter of Human Rights and Responsibilities Act 2006; the Disability Act 2006 and the Equal Opportunity Act 2010; 
  
  
• Privacy or good administration such as the Privacy and Data Protection Act 2014 and the Public Records Act 1973; and 
  
  
• A range of other Victorian and Commonwealth laws, regulations and council by-laws may affect the entity and must be complied with.