Commercial guidelines – TAFE institutes

Before undertaking any project, understand its requirements under the Commercial Guidelines for TAFE Institutes

The Commercial Guidelines for TAFE Institutes are issued by the Minister for Higher Skills and Training under the Education and Training Reform Act 2006. Under this Act, each TAFE should comply with these guidelines to the extent that they apply to its operations. It is important to consider these guidelines in conjunction with a TAFE’s own internal processes and constitution.

Under the guidelines, you will likely be required to seek internal approval prior to entering into a commercial activity, which includes capital works projects. This may include approval from the TAFE board or executive management committee, depending on the project's size and complexity and its approvals process.

The Commercial Guidelines for TAFE Institutes are outlined below, with the project phase identified where these guidelines are likely to apply:

Guideline

Applicable Project phase

Guideline 1 Prior to entering into or expanding a commercial activity (may be relevant during project definition, funding and approvals phase)
Guideline 2 Disposal of Crown land
Guideline 3 Disposal of freehold land
Guideline 4 Proceeds from the sale of assets
Guideline 5 Acquisition of freehold land (may be relevant during project definition, funding and approvals and delivery phases)
Guideline 6 Leasing
Guideline 7 Conflict of interest (may be relevant while engaging consultants for any phase of the project)
Guideline 8 Indemnities (may be relevant during project definition, funding and approvals and procurement phases)
Guideline 9 After entering or expanding a commercial activity (may be relevant during all phases of the project)
Guideline 10 Register of major commercial activities and report (may be relevant during project definition, funding and approvals phase)
Guideline 11 Section 3.1.12C of the act – Powers of TAFE institutes
Guideline 12 TAFE institute controlled entities
Guideline 13 Financial risk (may be relevant during all phases of a project)
Guideline 14 Borrowing
Guideline 15 Treasury risk management

Guideline 1 outlines a checklist of documentation, including that required for a business case prior to allocating internal funding and approving the commencement of the project.

There may be a requirement for the TAFE board or executive management committee to monitor the project across the project lifecycle. The regularity of such monitoring will depend on the project's size and complexity and should be agreed upon in accordance with Guideline 9.

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