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Act No. 10 of 2008 as amended, taking into account amendments up to Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012
An Act to establish Australian Workforce and Productivity Agency, and for related purposes
Administered by: Industry
Registered 17 Jul 2012
Start Date 01 Jul 2012
End Date 30 Jun 2014
Date of repeal 30 Jun 2014
Repealed by Australian Workforce and Productivity Agency Repeal Act 2014

Australian Workforce and Productivity Agency Act 2008

Act No. 10 of 2008 as amended

This compilation was prepared on 1 July 2012
taking into account amendments up to Act No. 
69 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Definitions.......................................................................................... 1

4............ Object.................................................................................................. 1

Part 2—Establishment and functions of the Australian Workforce and Productivity Agency 3

5............ Establishment...................................................................................... 3

6............ Functions............................................................................................ 3

7............ Minister may give directions to the Australian Workforce and Productivity Agency               4

Part 3—Constitution and membership of the Australian Workforce and Productivity Agency              6

8............ Constitution......................................................................................... 6

9............ Appointment of members.................................................................... 6

10.......... Term of appointment........................................................................... 6

11.......... Acting appointments........................................................................... 7

12.......... Members’ remuneration...................................................................... 7

13.......... Leave of absence................................................................................. 7

14.......... Disclosure of interests to the Minister................................................. 8

15.......... Disclosure of interests to the Australian Workforce and Productivity Agency         8

16.......... Other terms and conditions................................................................. 9

17.......... Resignation......................................................................................... 9

18.......... Termination of appointment................................................................ 9

Part 4—Meetings of the Australian Workforce and Productivity Agency             10

19.......... Convening meetings.......................................................................... 10

20.......... Presiding at meetings........................................................................ 10

21.......... Quorum............................................................................................. 10

22.......... Voting at meetings............................................................................ 11

23.......... Conduct of meetings......................................................................... 11

24.......... Decisions without meetings.............................................................. 11

25.......... Committees....................................................................................... 12

Part 5—Miscellaneous                                                                                                       14

26.......... Staff assisting the Australian Workforce and Productivity Agency.. 14

27.......... Annual reports.................................................................................. 14

28.......... Delegation......................................................................................... 14

29.......... Regulations....................................................................................... 15

Notes                                                                                                                                                   17


An Act to establish the Australian Workforce and Productivity Agency, and for related purposes

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Australian Workforce and Productivity Agency Act 2008.

2  Commencement [see Note 1]

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

3  Definitions

                   In this Act:

Australia, when used in a geographical sense, includes the external Territories.

Australian Workforce and Productivity Agency means the body continued in existence by section 5.

Chair means the Chair of the Australian Workforce and Productivity Agency.

member means a member of the Australian Workforce and Productivity Agency and includes the Chair.

4  Object

                   The object of this Act is to provide for expert and independent advice in relation to Australia’s workforce skills needs and workforce development needs, and the allocation of Commonwealth funding, in order to:

                     (a)  identify training priorities to respond to those needs; and

                     (b)  increase workforce participation; and

                     (c)  improve productivity and competitiveness; and

                     (d)  identify and address skills shortages; and

                     (e)  promote the development of a highly skilled workforce.


 

Part 2Establishment and functions of the Australian Workforce and Productivity Agency

  

5  Establishment

                   The body known immediately before the commencement of this section as Skills Australia is continued in existence as the Australian Workforce and Productivity Agency.

Note 1:       See also section 25B of the Acts Interpretation Act 1901.

Note 2:       For the commencement of this section, see section 2 of the Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012.

6  Functions

Primary function—providing advice to the Minister

             (1)  The Australian Workforce and Productivity Agency has the primary function of providing advice to the Minister on matters relating to the following:

                     (a)  Australia’s current, emerging and future workforce development needs;

                     (b)  Australia’s current, emerging and future workforce skills needs;

                     (c)  improving the productivity of the Australian workforce;

                     (d)  the allocation of Commonwealth funding (including through the National Workforce Development Fund) to address the matters mentioned in paragraphs (a), (b) and (c).

             (2)  The Australian Workforce and Productivity Agency is to provide advice under subsection (1) as it thinks fit and on request by the Minister.

Additional functions

             (3)  For the purposes of providing that advice, the Australian Workforce and Productivity Agency has the following additional functions:

                     (a)  analysing current, emerging and future workforce skills needs across industry sectors;

                     (b)  assessing:

                              (i)  research relating to workforce development needs; and

                             (ii)  information from persons and bodies with an interest in workforce development needs;

                   (ba)  assessing research relating to improving the productivity of the Australian workforce;

                   (bb)  analysing the funding available to address the matters mentioned in paragraphs (1)(a), (b) and (c);

                     (c)  developing and maintaining relationships with:

                              (i)  the States and Territories, and relevant authorities of the States and Territories; and

                             (ii)  other persons and bodies with an interest in workforce development needs or workforce skills needs.

             (4)  The Australian Workforce and Productivity Agency also has:

                     (a)  the function of informing the public about matters relating to Australia’s workforce development needs and workforce skills needs; and

                     (b)  any functions that the Minister, by writing, directs the Agency to perform; and

                     (c)  any other functions conferred on it by this Act or any other law.

             (5)  A direction made under paragraph (4)(b) is not a legislative instrument.

7  Minister may give directions to the Australian Workforce and Productivity Agency

             (1)  The Minister may give written directions to the Australian Workforce and Productivity Agency about the performance of its functions.

             (2)  Directions given by the Minister under subsection (1) must be of a general nature only.

             (3)  The Minister must not give directions about the content of any advice that may be given to the Minister by the Australian Workforce and Productivity Agency.

             (4)  The Australian Workforce and Productivity Agency must comply with any direction given by the Minister under subsection (1).

             (5)  A direction given by the Minister under subsection (1) is not a legislative instrument.


 

Part 3Constitution and membership of the Australian Workforce and Productivity Agency

  

8  Constitution

                   The Australian Workforce and Productivity Agency consists of:

                     (a)  the Chair; and

                     (b)  9 other members.

Note:          Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.

9  Appointment of members

             (1)  Members (including the Chair) are to be appointed by the Minister by written instrument.

             (2)  In making appointments, the Minister must ensure that the members of the Australian Workforce and Productivity Agency have, between them, experience in:

                     (a)  academia; and

                     (b)  the provision of education or training; and

                     (c)  economics; and

                     (d)  industry; and

                     (e)  the representation of employees.

             (3)  A member is to be appointed on a part‑time basis.

10  Term of appointment

                   A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          The member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

11  Acting appointments

             (1)  The Minister may appoint a member to act as the Chair:

                     (a)  during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

             (2)  The Minister may appoint a person to act as a member:

                     (a)  during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

12  Members’ remuneration

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

             (2)  A member is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

13  Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.

14  Disclosure of interests to the Minister

                   A member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.

15  Disclosure of interests to the Australian Workforce and Productivity Agency

             (1)  A member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Australian Workforce and Productivity Agency must disclose the nature of the interest to a meeting of the Agency.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

             (3)  The disclosure must be recorded in the minutes of the meeting of the Australian Workforce and Productivity Agency.

             (4)  Unless the Australian Workforce and Productivity Agency otherwise determines, the member:

                     (a)  must not be present during any deliberation by the Agency on the matter; and

                     (b)  must not take part in any decision of the Agency with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the member:

                     (a)  must not be present during any deliberation of the Australian Workforce and Productivity Agency for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting of the Australian Workforce and Productivity Agency.

16  Other terms and conditions

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

17  Resignation

             (1)  A member may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

18  Termination of appointment

             (1)  The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, except on leave of absence, from 3 consecutive meetings of the Australian Workforce and Productivity Agency; or

                     (c)  the member fails, without reasonable excuse, to comply with section 14 or 15 (disclosure of interests); or

                     (d)  the Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.


 

Part 4Meetings of the Australian Workforce and Productivity Agency

19  Convening meetings

             (1)  The Australian Workforce and Productivity Agency must hold the meetings that are necessary for the efficient performance of its functions.

             (2)  Meetings are to be held at the times and places that the Australian Workforce and Productivity Agency determines.

Note:          See also section 33B of the Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.

             (3)  The Chair:

                     (a)  may convene a meeting; and

                     (b)  must convene a meeting if requested in writing by:

                              (i)  3 or more other members; or

                             (ii)  the Minister.

20  Presiding at meetings

             (1)  The Chair must preside at all meetings at which he or she is present.

             (2)  If the Chair is not present at a meeting, the other members present must appoint one of their number to preside.

21  Quorum

             (1)  At a meeting of the Australian Workforce and Productivity Agency a quorum is constituted by a majority of the current members.

             (2)  However, if:

                     (a)  section 15 prevents a member from participating in the deliberations or decisions of the Australian Workforce and Productivity Agency with respect to a particular matter; and

                     (b)  when the member leaves the meeting concerned there is no longer a quorum present;

those remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

22  Voting at meetings

             (1)  A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.

             (2)  The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.

23  Conduct of meetings

             (1)  The Australian Workforce and Productivity Agency may regulate proceedings at its meetings as it considers appropriate.

             (2)  The Australian Workforce and Productivity Agency must ensure that minutes of its meetings are kept.

24  Decisions without meetings

             (1)  The Australian Workforce and Productivity Agency is taken to have made a decision at a meeting if:

                     (a)  without a meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and

                     (b)  that agreement is indicated in accordance with the method determined by the Agency under subsection (2); and

                     (c)  all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

             (2)  Subsection (1) applies only if the Australian Workforce and Productivity Agency:

                     (a)  has determined that it may make decisions of that kind without meeting; and

                     (b)  has determined the method by which members are to indicate agreement with proposed decisions.

             (3)  For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Australian Workforce and Productivity Agency.

             (4)  The Australian Workforce and Productivity Agency must keep a record of decisions made in accordance with this section.

25  Committees

             (1)  The Australian Workforce and Productivity Agency may, by writing, establish committees to assist it in performing any of its functions.

             (2)  The Australian Workforce and Productivity Agency must not establish a committee without the approval of the Minister.

             (3)  A committee consists of such individuals as the Australian Workforce and Productivity Agency from time to time appoints, by writing, to the committee.

Note:          A member of a committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

             (4)  A committee may be constituted:

                     (a)  wholly by members; or

                     (b)  partly by members and partly by other individuals.

             (5)  The Chair of a committee must be a member.

             (6)  The Australian Workforce and Productivity Agency may give a committee written directions as to:

                     (a)  the way in which the committee is to carry out its task; and

                     (b)  procedures to be followed in relation to its meetings; and

                     (c)  the disclosure by members of the committee of interests in matters being considered by the committee.

             (7)  A member of a committee is to be paid the remuneration and allowances (if any) that the Minister determines.

             (8)  An appointment to a committee is not a public office within the meaning of the Remuneration Tribunal Act 1973.

             (9)  The following are not legislative instruments:

                     (a)  an instrument under subsection (1);

                     (b)  an approval made in writing under subsection (2);

                     (c)  a direction under subsection (6).


 

Part 5Miscellaneous

  

26  Staff assisting the Australian Workforce and Productivity Agency

                   The staff assisting the Australian Workforce and Productivity Agency are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary of the Department.

27  Annual reports

             (1)  The Australian Workforce and Productivity Agency must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Agency’s operations during that year.

Note:          See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

             (2)  The Australian Workforce and Productivity Agency must include in the report details of any directions given to it by the Minister under paragraph 6(4)(b) or subsection 7(1) during the year.

28  Delegation

             (1)  The Minister may, by writing, delegate any or all of his or her functions and powers under this Act (other than a function or power under section 6, 7, 9, 11 or 18) to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee or acting SES employee in the Department.

             (2)  In exercising functions or powers delegated under subsection (1), the delegate must comply with any directions of the Minister.

29  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Notes to the Australian Workforce and Productivity Agency Act 2008

Note 1

The Australian Workforce and Productivity Agency Act 2008 as shown in this compilation comprises Act No. 10, 2008 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Skills Australia Act 2008

10, 2008

20 Mar 2008

20 Mar 2008

 

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 1044–1048) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012

69, 2012

27 June 2012

1 July 2012

Sch. 1 (items 42, 43)


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title.....................................

am. No. 69, 2012

Part 1

 

S. 1......................................

am. No. 69, 2012

S. 3......................................

am. No. 69, 2012

Heading to s. 4..................

rs. No. 69, 2012

S. 4......................................

am. No. 69, 2012

Part 2

 

Heading to Part 2..............

rs. No. 69, 2012

S. 5......................................

rs. No. 69, 2012

S. 6......................................

am. No. 69, 2012

Heading to s. 7..................

rs. No. 69, 2012

S. 7......................................

am. No. 69, 2012

Part 3

 

Heading to Part 3..............

rs. No. 69, 2012

S. 8......................................

am. No. 69, 2012

S. 9......................................

am. No. 69, 2012

Note to s. 10.......................

rs. No. 46, 2011

S. 11....................................

am. No. 46, 2011

Note to s. 11(1)..................

ad. No. 46, 2011

Note to s. 11(2)..................

rs. No. 46, 2011

Heading to s. 15................

rs. No. 69, 2012

S. 15....................................

am. No. 69, 2012

S. 18....................................

am. No. 69, 2012

Part 4

 

Heading to Part 4..............

rs. No. 69, 2012

S. 19....................................

am. No. 69, 2012

S. 21....................................

am. No. 69, 2012

S. 23....................................

am. No. 69, 2012

S. 24....................................

am. No. 69, 2012

S. 25....................................

am. No. 69, 2012

Note to s. 25(3)..................

rs. No. 46, 2011

Part 5

 

Heading to s. 26................

rs. No. 69, 2012

S. 26....................................

am. No. 69, 2012

S. 27....................................

am. No. 69, 2012


Table A

Application, saving or transitional provisions

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

 

Skills Australia Amendment (Australian Workforce and Productivity Agency) Act 2012 (No. 69, 2012)

Schedule 1

42  Termination of appointment of members

An appointment of a person as a member under section 9 of the Skills Australia Act 2008 that is in force immediately before the commencement of this item is, by force of this item, terminated on that commencement.

43  Committees cease to exist

A committee established under section 25 of the Skills Australia Act 2008 and in existence immediately before the commencement of this item ceases, by force of this item, to exist after that commencement.