Part 5A, Division 3 · Education Services for Overseas Students Act 2000

Contents

Division 3 · TPS Director

54AAppointment of TPS Director#

(1)The TPS Director is to be appointed by the Minister by written instrument.

Note 1: The TPS Director is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.

Note 2: The TPS Director is also the VSL Tuition Protection Director under the VET Student Loans Act 2016 and the Higher Education Tuition Protection Director under the Higher Education Support Act 2003.

(2)Before the Minister makes an appointment, the Minister may take into account any recommendation of the Secretary in relation to the appointment.

(3)The TPS Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

(4)The TPS Director is to be appointed on a full-time basis.

54BFunctions of the TPS Director#

The TPS Director has the following functions:

(a)facilitating and monitoring the placement of overseas students and intending overseas students in alternative courses under section 49;

(b)determining whether a call is made on the OSTF under section 50A;

(c)paying amounts out of the OSTF under section 50B;

(d)reporting to the Minister on:

(i)the operation of Part 5 (tuition protection service); and

(ii)the financial status of the OSTF;

(e)managing the OSTF in a way that ensures that it is able to meet all its liabilities from time to time;

(f)making the legislative instrument each year for the purposes of subsections 9(3) and 10(2) of the Education Services for Overseas Students (TPS Levies) Act 2012;

(fa)recommending that the ESOS agency for a registered provider take one or more actions against the provider under subsection 83(1A);

(g)any other function conferred by this Act.

54CRemuneration and allowances#

(1)The TPS Director 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 TPS Director is to be paid the remuneration that is prescribed by the regulations.

(2)The TPS Director is to be paid the allowances that are prescribed by the regulations.

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

54DLeave of absence#

(1)The TPS Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2)The Minister may grant the TPS Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

54ERestrictions on outside employment#

The TPS Director must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

54FDisclosure of interests#

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

54GResignation#

(1)The TPS Director 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.

54HTermination of appointment#

(1)The Minister may terminate the appointment of the TPS Director for:

(a)misbehaviour; or

(b)physical or mental incapacity.

(2)The Minister may terminate the appointment of the TPS Director if:

(a)the TPS Director:

(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 TPS Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c)the TPS Director engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 54E); or

(d)the TPS Director fails, without reasonable excuse, to comply with section 54F (disclosure of interests).

54JOther terms and conditions#

The TPS Director holds office on the terms and conditions (if any) in relation to matters not covered by this Division that are determined by the Minister.

54KActing TPS Director#

The Minister may appoint a person to act as the TPS Director:

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

(b)during any period, or during all periods, when the TPS Director 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.

54LConsultants#

The TPS Director may, on behalf of the Commonwealth, engage consultants to assist in the performance of the TPS Director’s functions.

54MIndemnity#

(1)The TPS Director is not personally subject to any liability to any person (other than the Commonwealth) in respect of anything done, or omitted to be done, in good faith in the exercise or performance of powers or functions under this Act or the Education Services for Overseas Students (TPS Levies) Act 2012.

(2)However, this section does not affect the operation of the Privacy Act 1988.

54NApplication of finance law#

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the TPS Director is an official of the Department.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.