TAFE South Australia News

TAFE SA by-laws, feedback sought

Oct 08, 2012

An invitation to comment on proposed TAFE SA By-laws on vehicles and TAFE SA grounds.

The TAFE SA Act 2012 requires TAFE SA to make by-laws including:

  • to prohibit trespassing
  • to prevent damage to TAFE SA grounds and property
  • to provide for the recovery of compensation for damage done to TAFE SA grounds or property
  • to regulate driving, parking on TAFE SA grounds
  • to regulate the conduct of persons on TAFE SA grounds
  • to provide for the removal of persons on TAFE SA grounds who are contravening a by-law or are intoxicated, or vehicles left on the grounds of TAFE SA contrary to the by-laws and for the confiscation of anything on TAFE SA grounds in contravention of a by-law.

The new By-laws will replace the Technical and Further Education Regulations (Vehicles) 1998 and Technical and Further Education Regulations 1999 which are the current basis for managing vehicles, property and grounds in TAFE SA.

Students and staff are invited to comment on the proposed new by-laws. The following approval process will be followed after consultation with staff and students.

  1. TAFE SA Board
  2. Minister for approval
  3. HE the Governor for confirmation
  4. If confirmed by the Governor, the by-laws will be published in the Government Gazette and on the TAFE SA internet
  5. Laid before Parliament to be allowed or disallowed.

There are 36 proposed by-laws. They can be divided as follows:

By-law 1  Interpretation  These are definitions. Most have been taken directly from the vehicle regulations (1998) 
By-laws 2-22  Vehicle and traffic regulation on TAFE SA grounds  All except by-law 20 have been taken, with minor updating, from the vehicle regulations (1998) 
By-laws 23 – 36  Regulation of behaviour and activities on TAFE SA grounds
These are newly constructed. They are a transposition from current TAFE SA practice and requirements set out in:
  • policy documents
  • the Student Code of Behaviour, including examples of inappropriate behaviour
  • the existing regulations and Technical and Further Education Act (1975)
  • the new TAFE SA Act 2012 

As the attached table shows, the proposed by-laws are largely a transposition from the existing Regulations made under the Technical and Further Education Act 1975 and current TAFE SA policy documents.

Under the TAFE SA Act 2012:

  • TAFE SA is empowered to prescribe fines (not exceeding $1,250) and expiation fees (not exceeding $160) (section 17(1)). Fines and expiation fees are set out in the document.
  • A by-law operates generally throughout all TAFE SA grounds unless its operation is clearly limited to a particular part(s) of TAFE SA grounds (section 17(2)).

Note the following features of the proposed by-laws:

  • the TAFE SA Board will authorise officers to act to enforce the by-laws (by-law 1)
  • an authorised person may ask a person to leave TAFE SA grounds if their conduct is in contravention of a by-law (by-law 33)
  • people who are authorised to enter TAFE SA grounds (by-law 23) are not trespassers. They include but are not limited to:
    1. current and prospective students
    2. TAFE SA staff
    3. contractors who are engaged in activities related to TAFE SA operations
    4. visitors to TAFE SA who have been invited onto the grounds by staff or contractors in relation to functions of TAFE SA or who have legitimate enquiries of TAFE SA
    5. persons with lease or licence agreements to enter and conduct business on TAFE SA grounds and their visitors
    6. persons who have obtained the permission of TAFE SA to conduct a specific undertaking or event on TAFE SA grounds and which TAFE SA security are paid to manage
    7. persons authorised or licensed by the Minister to occupy or use or visit all or part of TAFE SA grounds.
  • dogs on TAFE SA grounds must be kept on a leash (by-law 31)
  • children under 16 who are not students of TAFE SA must be accompanied by an adult (by-law 30)
  • TAFE SA will be a smoke-free environment
  • the Board may issue a temporary ban on a person entering TAFE SA grounds (by-law 36)
  • there is a list of activities that will require permission of the TAFE SA Board (by-law 32).

By-laws regulate the conduct of staff, students and the public on TAFE SA grounds.

You are invited to provide your feedback on the draft rules before midday on Monday 22 October.

Further information is available;

Thank you for taking the time to give us feedback.