Change Of The Bifie Act Of 2008

Original Language Title: Änderung des BIFIE-Gesetzes 2008

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151. Federal law amending the BIFIE Act 2008

The National Council has decided:

The BIFIE Act 2008, BGBl. I n ° 25, in the version of the Federal Laws BGBl. I n ° 113/2009 and BGBl. I N ° 7/2013 and the Federal Ministries Act of 2014, BGBl. I n ° 11/2014, shall be amended as follows:

1. In Article 1, the following lines shall be inserted in the table of contents in accordance with the line in section 7:

" § 7a.

General principles for the compilation of statistics, compilation of survey documents

§ 7b.

Statistics secrecy "

2. In Article 1, in the table of contents, the line relating to § 9 shall be replaced by the following lines:

" § 9.

Director, Director

§ 9a.

Order procedure "

(3) In Article 1, the following line shall be inserted in the table of contents in accordance with the line in section 23:

" § 23a.

Personnel measures in connection with the Federal Act BGBl. I No 151/2015 "

4. In Article 1, in the table of contents the line relating to § 28 is:

" § 28.

Entry into force, external force "

5. Art. 1 (1) (3) second sentence is replaced by the following:

" In Graz and in Klagenfurt there are workplaces of the BIFIE, the closure of which can be carried out by the Supervisory Board. No new records and appointments of staff members may be made at these locations. "

6. In Art. 1 (1) (5), first sentence, the word "Executive Board" through the turn "Director or Director" replaced.

7. In Art. 1 (1) (5) Z 2, the turn shall be "the Directors and Directors" through the turn "the Director or the Director" replaced.

8. Art. 1 § 2 para. 1 reads:

" (1) The field of activity and activity of BIFIE refers to the entire area of the school system within the meaning of Art. 14 (1) and (5) and 14a (2) of the Federal Constitutional Law, BGBl. No. 1/1930, with the exception of universities and universities of applied sciences. In addition, matters relating to the development, implementation and implementation of the final exams in the middle and higher schools that fall within the scope of the Federal Government are excluded. "

9. Art. 1 § 2 para. 2, Z 3 and 4 reads:

" 3.

Support for quality development in the school system;

4.

national education reporting to the relevant government member and the National Council at a distance of three years. "

10. Art. 1 (2) (2) last sentence is deleted.

11. Art. 1 § 3 para. 1 Z 5 is replaced by the following Z 5 and 6:

" 5.

Cooperation with other institutions in the fields of educational research and educational statistics such as in particular the Bundesanstalt "Statistik Österreich" as well as the universities, universities of teacher education, universities of applied sciences, whereby these are the be made available to the BIFIE in accordance with scientific and statistical principles and in accordance with scientific and statistical principles, in accordance with their availability and in accordance with their availability, and not in the form of personal data;

6.

Publication of the results of scientific research. "

12. The following is added to Art. 1 § 3 (1):

"The gross disregard of the guiding principles by the Director or the Director constitutes a breach of duty."

13. Art. 1 § 5 (2) reads:

"(2) For the services referred to in paragraph 1, BIFIE is to agree on a fee which, on the basis of the principle of full cost coverage, covers at least the costs associated with the performance of the contract."

14. In Art. 1 § 7, the following paragraph 1 is inserted after paragraph 1:

" (1a) For the purposes of this Federal Act, data are personal data when the identity of the persons concerned is determined or determined. Data is not personal if the identity of the persons concerned cannot be determined by means which could reasonably be used. "

15. According to Art. 1 § 7, the following § § 7a and 7b are inserted in each case, together with the heading:

" General principles for the compilation of statistics, compilation of survey documents

§ 7a. In the compilation of statistics and survey documents, BIFIE institutions have the principles of professional independence, impartiality, objectivity and reliability as defined in Regulation (EC) No 223/2009 on European Statistics, OJ No. OJ L 87, 31.03.2009, p. 164, as amended by Regulation (EU) 2015/759, OJ L 73, 14.3.2002, p. OJ No 123 of 19.05.2015 p. 90. to follow. § 3 (1) last sentence shall apply.

Statistics secrecy

§ 7b. (1) Data may be used in personal form only on the basis of legal order. In particular, they must not be evaluated in such a way that the allocation of characteristics is represented in a person-related manner.

(2) The organs of the BIFIE may only transmit personal data to third parties if federal legislation provides for this or the person concerned has expressly and unequivocably agreed to the transmission.

(3) The Director or the Director, the members of the Supervisory Board and the Scientific Advisory Board, which are to be sent to the Supervisory Board and the Scientific Advisory Board respectively. all other persons responsible for research and statistical tasks, as well as service providers who are employed for this purpose, are also beyond the time of their functioning or activities beyond all personal data and all over all The facts which have been brought to their attention in the performance of their duties and in the case of statistical surveys are obliged to secrecy. The disclosure requirements pursuant to § 11 (2) and § 12 (2a) remain unaffected.

(4) Persons entrusted with the performance of the tasks pursuant to § 2 shall be officials within the meaning of Section 74 of the Criminal Code (StGB), BGBl. No 60/1974. The obligation of confidentiality in accordance with paragraph 3 shall be deemed to be an official secrecy in accordance with § 310 StGB. "

16. Art. 1 § 8 para. 1 Z 1 reads:

" 1.

the Director or the Director, "

17. The following paragraph 3 is added to Art. 1 § 8:

" (3) The institutions referred to in paragraph 1 (1) (2) and (3) shall have at least 50 vH women. In the case of an odd number of members, the calculation is carried out by calculating the number of members by a member and by calculating the proportion of women required by that number. "

18. In Art. 1, § § 9 and 10 together with the headings are replaced by the following § § 9, 9a and 10 together with the headings:

" Director, Director

§ 9. (1) The Director shall be appointed by the competent government member after consultation of the Supervisory Board in accordance with Section 9a. He or she It is responsible for the management of the BIFIE and the representation of the BIFIE to the outside world. He or it is responsible for the fulfilment of the research and development tasks of the BIFIE in accordance with § 2 and has in the commercial sector the due diligence and disclosure obligations of a regular entrepre or a regular entrepre , and to observe the principles of economy, economy and usefulness.

(2) Only those who have completed a university degree, experience in science, research and teaching, as well as in international (educational) research cooperation and management and/or management, may only be appointed as Director or Director. Leadership experience. The functional duration is five years. Reorders shall be admissible.

(3) The function of the Director or the Director shall end

1.

by the end of the operating period,

2.

by resignation,

3.

by convocation or

4.

by death.

(4) A resignation in accordance with Z 2 shall be declared to the competent government member and shall take effect only after 30 days, except in the case of important reasons. After hearing the Supervisory Board and the Scientific Advisory Board, a convocation pursuant to Z 3 shall be made by the competent government member if the Director or the Director has committed a serious breach of duty, if he or she in the event of an offence which is incompatible with the performance of the duties of the director or the director, has been punishable by a court of law or if the physical or mental necessary for the exercise of a proper function Suitability is no longer given in the long term. In the event of a vacancy of the function of the Director or Director for a period likely to be six months, the competent government member may, after consulting the Supervisory Board, provide a suitable staff member or a suitable Staff of BIFIE temporarily, for a maximum period of six months, with the management of the BIFIE.

(5) The Director or Director shall, in particular,:

1.

Preparation of a proposal for a rules of procedure for the BIFIE;

2.

Selection and disposal of the staff and the financial and material resources of the BIFIE;

3.

Carry out a commercial accounting system corresponding to the requirements of BIFIE, taking into account § 14 and an internal control system;

4.

Preparation of the company concept, planning and control documents as well as reports (§ § 13 to 15);

5.

Conclusion of contracts;

6.

Creation of any project plans (§ 16 para. 3).

(6) The Rules of Procedure for the BIFIE (par. 5 (Z) 1) has to make more detailed provisions on the tasks and decision-making powers of the Director or the Director. At any rate, the limits on investment, the granting of loans, the taking up of loans and the conclusion of contracts and other contracts shall be determined on the basis of which the approval of the Supervisory Board is to be obtained.

(7) At the request of the Supervisory Board, the Director or the Director shall provide the Supervisory Board with all the documents relating to the economic management of the BIFIE, in particular the building and service contracts.

Order procedures

§ 9a. (1) For the appointment of the Director or the Director, the Recruitment Act, BGBl, shall be found. I n ° 26/1998, with the proviso that the invitation to tender must also be issued in addition to the relevant foreign publication bodies, in addition to Article 4 (2) of the Establitionment Act.

(2) The competent government member shall establish a finding committee no later than four weeks after the invitation to tender. The Commission of the Finebe

1.

two members of the Supervisory Board,

2.

two members of the Scientific Advisory Board,

3.

two representatives of the Federal Ministry of Education and Women,

4.

a representative or a representative of the works council of the BIFIE,

5.

the Equal Treatment Officer of the Federal Ministry of Education and Women, and

6.

Two persons with experience in the field of international education research

. Section 8 (3) shall apply. The members according to Z 4 to 6 shall have an advisory vote. The other members of the finding committee shall decide by common accord.

(3) The tasks of the Finding Commission are:

1.

Review of the applications submitted for the function of the Director or Director;

2.

active search for applicants for the function of the Director or Director;

3.

Preparation of a proposal for the appointment of the Director or the Director by the relevant government member within a period of two months after the end of the application period. The proposal has to contain the most suitable candidates for the appointment to the Director or the Director. More than six applicants are not to be included in the proposal, with fewer than three candidates the proposal has to contain a justification for the small number of proposed candidates.

If a proposal does not materiate, the competent government member shall nevertheless have the order to be made or re-issued. In the preparation of the proposal pursuant to Section 3 (3), the prohibition of discrimination is to be observed in accordance with the Federal Equal Treatment Act. The proposal drawn up by the Finishing Commission is not binding on the applicant. The relevant government member will remain free to rewrite the function.

Representation of the BIFIE

§ 10. (1) The Director or Director shall represent the BIFIE in all matters to the outside world.

(2) The BIFIE shall be entitled and obliged by the legal transactions concluded by the Director or by the Director on behalf of BIFIE. The Director or the Director shall be authorized, with the consent of the Supervisory Board, to provide appropriate staff for certain matters of the BIFIE pursuant to Section 54 of the German Corporate Code (UGB), dRGBl. S 219/1897, to be authorized.

(3) The Director or Director shall be required to comply with any restrictions imposed in this Federal Act or in a binding order of the Supervisory Board or the competent governmental member for the scope of his or her Power to be represented by BIFIE. However, a restriction of the power of representation does not have any legal effect against third parties.

(4) The delivery of a declaration, the delivery of precharges and other deliveries to the BIFIE may, with legal effect, be effected only to the Director or the Director or to staff authorized pursuant to the last sentence of paragraph 2. "

19. In Art. 1 (1) (1) (3), § 12 (1), third sentence, as well as § 27 Z 2 and 3, the turn shall be "Science and research" in each case by the turn "Science, Research and Economy" replaced.

20. The following sentences are added to Article 1 (11) (1):

" The members of the Supervisory Board shall have the knowledge, skills and professional experience required for the proper performance of the tasks and must be in a position to perform the duties of a member of the Supervisory Board performing. You may not be in a business or personal relationship with the BIFIE or its Director or Director, who can establish a conflict of interest not only on a temporary basis. Furthermore, you may not be in a working or other legal relationship with the BIFIE, except for the member to be sent by the works council pursuant to Z 4. Persons who have been convicted of a criminal offence which is legally liable for their professional reliability may not be appointed as a member of the Supervisory Board. "

21. In Art. 1 (11) (4), the turn of the "The Chairman or Chairperson of the Supervisory Board, as well as his Deputy or Deputy Chairman" through the turn " The Chairman of the Supervisory Board and the Vice-President of the Supervisory Board, and the Vice-President of the Supervisory Board replaced.

22. Art. 1 § 11 para. 6 Z 1 and 2 reads:

" 1.

to draw up an internal rules of procedure for the Supervisory Board and to submit it to the relevant government member;

2.

Consideration of the proposal and decision on the Rules of Procedure for the BIFIE and the presentation of the Rules of Procedure to the relevant member of the Government; "

23. Art. 1 § 11 (6) Z 5 to 10 shall be replaced by the following Z 5 to 10 including the final sentence:

" 5.

Appointment of the auditor or the auditor of the annual financial statements;

6.

Audit of the annual accounts and decision-making on the use of the balance sheet profit or on measures in the event of balance sheet loss, as well as reporting to the relevant government member;

7.

conclusion of the annual accounts and discharge of the Director or Director;

8.

representation of the BIFIE in legal matters between BIFIE and Director or Director;

9.

Decision-making on the application to the relevant government member to convene the Director or the Director by two-thirds majority in the case of the appointment reasons cited in Section 9 (4);

10.

Examination and approval of project plans pursuant to section 16 (3) and presentation of the plans to the relevant government member for approval.

A decision in accordance with Z 9 requires, by way of derogation from paragraph 7, the votes of at least two-thirds of the members of the Supervisory Board. "

(24) In Article 1 (11), the following paragraph (6a) is inserted after paragraph 6:

" (6a) In the employment contract to be concluded between the BIFIE and the Director or the Director pursuant to paragraph 6 Z 8, a higher fee shall not be agreed upon than the fixed monthly salary of a contract staff member in the evaluation group v1/7 pursuant to Section 74 (2) (3) of the Contract Law Act 1948 (VBG), Federal Law Gazette (BGBl). No. 86/1948. Provision should also be made for the Supervisory Board to inform the Supervisory Board of any incidental activities and participations which are not compatible with the function of the management of the BIFIE or the fulfilment of the obligations arising from the employment contract. will be able to prohibit the resulting obligations. "

25. Art. 1 (11) (7) last sentence is deleted.

26. Art. 1 (11) (8) is deleted.

27. In Art. 1 (11) (9), the words "of the Executive Board" through the turn "the Director or the Director" replaced.

28. Art. 1 § 12 para. 1 second sentence reads:

" This consists of seven members to be appointed by the competent government member for a five-year term of function, who are recognized personalities in the field of university, university or non-university academic institutions. Education research and teaching, which have experience in the management of a specialist institution and of which at least two have to belong to the education or research field outside the Republic of Austria. "

29. In Art. 1 § 12, the following paragraph 1 is inserted after paragraph 1:

" (1a) The members of the Advisory Board to be appointed shall have sufficient competence in the areas covered by the role of BIFIE in accordance with Article 2 (2). The competent government member shall have a member of the Advisory Board responsible for the Chairmanship and one with the deputy of the Chairperson. "

30. Art. 1 § 12 (3) and (4) reads:

" (3) The Advisory Board shall report annually to the competent government member on the observance of the principles of the performance of the duties in accordance with § § 3 and 7a by the Director or Director.

(4) The Advisory Council shall meet at least two times a year in meetings of the Advisory Board. "

31. In Art. 1 (12) (5), the turn-of-the-turn " on the elections (para. 4) and " .

32. Art. 1 § 13 (1) reads:

" (1) Until 30 June 2017, the Director or Director of BIFIE has to draw up a corporate concept which is based on the basic principles of strategic and organizational principles (e.g. management structures, corporate culture, (Education) research strategy, scientific orientation, cooperation with other research institutions to include. The company concept shall be submitted to the Supervisory Board and the Advisory Board for consideration and evaluation and shall be forwarded by the Supervisory Board after approval of the Supervisory Board, subject to any assessments, to the relevant government member for approval. "

33. In Art. 1 (13) (2) and (3), first sentence, § 14 (5), § 15 (1) and 23 (3), second sentence, the words shall be: "The Executive Board" in each case by the turn "The Director or the Director" replaced.

34. Art. 1 § 13 para. 3 second and third sentence is replaced by the following sentence:

"The Supervisory Board shall then submit the three-year plan to the Advisory Board for its opinion and forward it to the relevant government member for approval after approval and after a general advisory opinion of the Advisory Board."

35. Art. 1 § 14 para. 1 first sentence reads:

"By the end of September, the Executive Director or the Director shall submit an annual report (for the coming year) to the Supervisory Board and an annual report (for the past year) to the Supervisory Board and the Advisory Board for consideration by the end of June."

36. The second, third and fourth sentences are omitted in Article 1 (14) (2).

37. Art. 1 § 14 (3) reads:

" (3) The Director or the Director shall forward the annual report after examination by the Advisory Board and the Supervisory Board in accordance with Section 1 as well as, furthermore, after approval of the annual financial statements by the Supervisory Board, to the relevant government member. The annual financial statements issued by the Supervisory Board are included in the Federal Financial Statements (Section 119, Section 3, Z 4 of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009), and to submit it to the Company Book. Upon request, the competent governmental member shall report on fundamental questions concerning the activities of the BIFIE separately. "

38. Art. 1 § 16 (1) reads:

" (1) The Federal Government, represented by the competent governmental member, shall provide the BIFIE with a demand-oriented base grant at the level of the expenses incurred by him in the performance of his tasks in accordance with § 2 of the public interest. a maximum of EUR 12 million for the year 2017, a maximum of EUR 11.6 million for the year 2018 and a maximum of EUR 11.2 million for the year 2019. The specific determination of the level of the demand-oriented base grant for the individual years has been determined by the competent government member in the course of the approval of the three-year plans in accordance with the provisions of the Federal Finance Act for these purposes in the annual Federal Finance Act , in particular taking into account the economic, economical and appropriate building of the BIFIE, the sole balance sheet profits and the organisational and structural improvement measures to be taken by the BIFIE to be implemented in the To increase efficiency. The basic grant laid down for a calendar year must be brought to the attention of all the institutions of the BIFIE in accordance with Section 18 (1) and shall be notified of the approved three-year plan. "

39. Art. 1 § 16 (3) reads:

" (3) In addition to the grants provided for in paragraph 1, the Federal Government, represented by the competent government member, may, in accordance with the appropriations provided for in the Federal Finance Act for these purposes, for the years 2017 to 2019, further funds in the amount of a maximum of EUR 800 000 for additional unforeseen projects. Taking into consideration an economic, economical and appropriate building of the BIFIE, the Director or the Director for such projects shall draw up a detailed project plan, which shall be submitted to the Supervisory Board for examination and approval and shall then be submitted to the competent governmental member for approval. "

40. In Art. 1 (21) (2), § 23 (3), first sentence, and § 27 Z 3, 4 and 5, the turn shall be: "Education, art and culture" in each case by the turn "Education and women" replaced.

41. Art. 1 § 23 (10) is deleted.

42. In Art. 1 the following § 23 of the following § 23a is inserted with the title:

" Staff measures in connection with the Federal Act BGBl. I No 151/2015

§ 23a. (1) Employees of the BIFIE according to § 23 (1), (2) and (4), who change into a service relationship with the Federal Government, must be treated as if their previous employment relationship with the BIFIE is a service relationship with the Federal Government. had acted.

(2) Workers and employees of the BIFIE, who are entrusted with tasks in matters of final examinations in middle and higher schools on 31 December 2016, shall be entitled to take effect from 1 January 2016. Jänner 2017 in a service relationship to the federal government (Federal Ministry of Education and Women-Central Management). With these employees, special contracts are to be concluded in accordance with Section 36 of the Act on Contracts for the Contract in 1948. These special contracts have to be taken into account in relation to the work of the BIFIE prior to the date of change, and it is desirable that the staff should not be in a position of service and pay; such employees shall not be subject to any kind of service or pay. Special contracts must be approved by the Federal Chancellor.

(3) Paragraph 2 shall not apply to public-law staff of the Federal Government or of a country entrusted with the task of carrying out the tasks referred to in paragraph 2 above at the BIFIE on 31 December 2016. The competent government member is authorized to carry out these public service employees, provided that they are public officials of the Federal Government and are entrusted with tasks pursuant to paragraph 2 in the Federal Service, with the exception of those in the BIFIE , to grant a supplementary allowance to the extent of the difference between the monthly reference in accordance with the provisions of the salary law applicable to them in 1956 and the cash benefits most recently received for the purpose of this task.

(4) The second and third sentences of paragraph 2 shall apply to public service employees of a country entrusted with the task of carrying out the tasks referred to in paragraph 2 of the BIFIE on 31 December 2016, and § 121d (5) Landeslehrer-Dienstrechtsgesetz, BGBl. No 302/1984, muta-mutiny.

(5) Claims of the BIFIE against the employees who change in accordance with paragraph 2 or 4 in a service relationship with the Confederation shall go to the federal government with the date of the establishment of the service relationship to the federal government and are, as far as they are have not been transferred to the BIFIE as the original demands of the Federal Government and have not already been re-founded by the Federal Government in accordance with Section 23 (8) to restate the BIFIE from the BFIE. "

43. Art. 1 § 24 (3) reads:

"(3) The competent governmental member shall be responsible for the approval of the three-year plans and for the approval of the company concept and the three-year plans."

44. Art. 1 § 25 with headline reads:

" Transitional law

§ 25. (1) In the period from the proclamation of the Federal Law BGBl. I No. 151/2015 in the Federal Law Gazans until the end of 31 December 2016 is § 9 para. 2:

" (2) The competent member of the government shall be responsible for the period of 1 January 2008. January 2016 until 31 December 2016 to order a board of directors ("Transitional Directorate"). The Board of Directors consists of two persons, one of whom is responsible for the concern, in any case, of the task pursuant to Section 2 (2) of the last sentence. This person shall be subject to the responsibility of the competent government member in the performance of the said task and shall abide by the latter's orders. Both transitional directors shall have knowledge and skills which ensure the performance of the tasks referred to in paragraph 5 and, in addition, have a smooth transition from the legal situation before and after 1. Ensure January 2017. The Job Occupation Law, BGBl. I n ° 26/1998, as well as section 9a, together with the title in the version of the Federal Law BGBl. I No 151/2015 shall not apply to the appointment of the Transitional Executive Board. "

(2) By way of derogation from Section 11 (3) and § 12 (1), the term of operation of the members of the Supervisory Board and of the Advisory Board shall end with the expiry of 31 December 2016. With effect from 1. In accordance with Section 11 (1) and (4) and Section 12 (1) and (1a) of the Federal Law Gazette of the Federal Republic of Germany (Bundesgesetz BGBl), January 2017 are these institutions. I N ° 151/2015 new to be filled.

(3) In the period from the proclamation of the Federal Law BGBl. I No. 151/2015 in the Federal Law Gazans until the end of December 31, 2016 § 16 (1) applies, with the proviso that "for the years 2013 to 2015" the turn "for the year 2016" shall take place. "

45. In Art. 1 the title of § 28 reads:

"Entry into force, external force"

(46) The following paragraph 4 is added to § 28:

" (4) § 9a including title, § 11 para. 1 Z 3 and para. 4, § 12 para. 1 third sentence, § 21 para. 2, § 23 para. 3 first sentence, § 25 with title, § 27 Z 2, 3, 4 and 5 as well as the title of § 28 in the version of the Federal Law BGBl. I No. 151/2015 will enter into force with the end of the day of the customer's announcement in the Federal Law Gazans. The table of contents, § 1 (3) and (5), § 2 (1) and (2), § 3 (1), § 5 (2), § 7 (1a), § 7a together with the title, § 8 (1) and subsection (3), § 9, including the title, § 10 including the title, § 11 paragraph 1, fifth last to last Sentence, 6, 6a, 7 and 9, § 12 (1), second sentence, 1a, 3, 4 and 5, § 13 (1), (2) and (3), § 14 (1), (2), (3) and (5), § 15 (1), § 16 (1) and (3), section 23 (3), second sentence, section 23a, and the title and section 24 (3) of the above-mentioned Federal Act come with 1. Jänner 2017 in force. At the same time, Section 11 (8) and Section 23 (10) shall not apply. "

Fischer

Faymann