Change Of The Bifie Act Of 2008

Original Language Title: Änderung des BIFIE-Gesetzes 2008

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_151/BGBLA_2015_I_151.html

151. Federal law, with the BIFIE Act is amended 2008

The National Council has decided:

The BIFIE Act of 2008, Federal Law Gazette I no. 25, as amended by Federal Law Gazette I no. 113/2009 and BGBl. I no. 7/2013 and 2014 amendment to the Federal Ministry of law, Federal Law Gazette I no. 11/2014, is amended as follows:

1. in article 1, following rows are inserted in the table of contents after the row concerning article 7:



"Article 7a.
"General principles of statistics, preparation of collection documents article 7 b. Statistics secret" 2. In article 1 it is replaced in the table of contents section 9 that line following lines:



"§ 9 Director, Director § 9a."
To order"3. In article 1, following line in the table of contents is inserted after the row concerning article 23:


'Article 23a.
Personnel actions relating to the Federal Act Federal Law Gazette I no. 151/2015 "4. In article 1 is the section 28 that line in the table of contents:


' Article 28 entry into force, expiry "5. Article 1 § 1 paragraph 3, second sentence, is replaced by the following sentences:

"In Graz and Klagenfurt are workplaces of the BIFIE, whose closing can be made by the Supervisory Board. At these locations no admissions and subsequent occupations must be carried out by staff."

6. in article 1 § 1 par. 5, first sentence, is the word "Board" by the phrase "Director or Director" replaced.

7. in article 1 § 1 section 5 No. 2 is replaced the phrase "of the directors and directors" by the expression "The Director or the Director".

8 article 1 § 2 paragraph 1 reads:

"(1) of article 14 refers to the entire range of education in terms of the tasks and areas of activity of the BIFIE paragraph 1 and 5 and 14a para. 2 of the Federal Constitution Act, BGBl. No. 1 / 1930, with the exception of universities and universities of applied sciences." Furthermore matters of the development, implementation and execution of final tests on the schools and colleges falling in the enforcement area of the Federal exempt."

9 Article 1 § 2 par. 2 Nos. 3 and 4 is:



"3. support the development of quality in the education system;

4. national education reporting to the competent Member of the Government and the National Council every three years. "

10. Article 1 § 2 para 2 last sentence deleted.

11. Article 1 § 3 par. 1 Z 5 by following Z 5 replaced and 6:



"5. cooperation with other institutions in the fields of educational research and education statistics such as in particular the Bundesanstalt"Statistics Austria", as well as of the universities, colleges, polytechnics RStu, with the not school-site-related and non-personal data for that purpose needed to provide the processing for scientific and statistical principles of the BIFIE according to their availability, as well as at ensuring;"

6 publication of the results of scientific research."

12 article 1 § 3 para 1 shall be added:

"The gross violation of the guiding principles by the Director or the Director represents eineschwere breach of duty."

13 article 1 § 5 paragraph 2 reads:

"(2) for benefits pursuant to para 1 a fee is the BIFIE agree, that covers at least the costs associated with the performance of the contract on the basis of the principle of full cost recovery."

14. in article 1, section 7 is inserted after paragraph 1 of the following paragraph 1a:

"(1a) In the meaning of this federal law, data are personal, if the identity of the persons concerned or is determinable." "Data that is not personally identifiable when the identities of the parties concerned with means, the reasonably could be applied, can no longer determine."

15. According to article 1, section 7 following sections 7a and 7B respectively together with heading shall be inserted:

"General principles of statistics, preparation of survey documents

Section 7a. Organs of the BIFIE have the principles of professional independence, impartiality, objectivity, and reliability within the meaning of Regulation (EC) No. 223/2009 on European statistics, OJ in the preparation of statistics and survey documents No. L 87 of March 31, 2009 p. 164, as amended by the Regulation (EU) 2015/759, OJ No. 123 of the 19.05.2015 S. 90 to follow. Last sentence article 3, paragraph 1 shall apply.

Statistics secret

§ 7 b. (1) data may be used in personal form only on the basis of legal arrangement. You may not evaluate in particular in such a way, that apply to features personal data is represented.

(2) the organs of the BIFIE may only transmit personal data to third parties if federal regulations or the or the person concerned expressly and unequivocally has agreed to the delivery.

(3) the Director or the Director, the members of the Supervisory Board and of the Scientific Advisory Board, in the Supervisory Board and ordering or sending the advisory bodies as well as all others with research and statistics tasks entrusted persons and for this purpose drawn up service providers are also about the time of their exercise of function or activity, all personal data and all facts which have reached them in carrying out their tasks and in statistical surveys to note , sworn to secrecy. The disclosure requirements in accordance with para 2a remain unaffected § 11 para. 2 and § 12.

(4) people entrusted with the performance of the duties referred to in § 2 are officials within the meaning of section 74 of the Penal Code (StGB), Federal Law Gazette No. 60/1974. The obligation of secrecy in accordance with paragraph 3 is regarded as professional secrecy in accordance with § 310 criminal code."

16 article 1 section 8 para 1 subpara 1 is:



'1. the Director or the Director,' 17. 1 § 8 is added the following paragraph 3 article:

"(3) the institutions referred to in paragraph 1 Nos. 2 and 3 have to be at least 50 vH women. When an odd number of members is calculated, by the number of members is computationally to reduce a member and the required percentage of women of this number is to be determined."

18. in article the articles 9 and 10 together with the headings by following articles 9 1, 9a and 10 together with the headlines replaced:

"Director, Director

9. (1) the Director or the Director is appointed by the competent Member of the Government after consultation with the Supervisory Board in accordance with section 9a. Him or her is outside the line of the BIFIE, as well as the representation of the BIFIE. He or she is responsible for the performance of research and development tasks of the BIFIE according to § 2 and has to apply the due diligence and disclosure of an ordinary entrepreneur or an ordinary entrepreneur in the commercial sector and to observe the principles of economy, efficiency and expediency.

(2) as Director or Director may only be ordered, who has about a university degree, experience in the science and research as well as in international (educational) research cooperation and about management and leadership experience. The function lasts five years. May be reappointed.

(3) the function of the Director or the Director ends



1. by the expiration of the term, 2. by resignation, 3. by dismissal or 4th by death.

(4) a rescission in accordance with no. 2 is to explain to the competent Member of the Government and will take effect only after the expiration of 30 days, except when important reasons. Dismissal in accordance with no. 3 has to be carried out, if the Director or the Director has committed a serious breach of duty, if he or she was thus finally convicted for an offence which is incompatible with the exercise of the function of the Director or the Director, or if the physical or mental fitness required for the proper exercise of function is in the long term no longer by the competent Member of the Government after hearing of the Supervisory Board and of the Scientific Advisory Board. In case of the vacancy of the function of the Director or the Director of probably six months, the competent Member of the Government may delegate after consultation with the Supervisory Board, a suitable staff or an appropriate employee of the BIFIE temporarily no longer than for a period of six months, with the direction of the BIFIE.

(5) the Director, or the Director has in particular the following tasks:



1. create of a proposal for rules of procedure for the BIFIE;

2. selection and disposition of the staff and the financial and technical resources of the BIFIE;

3. run a commercial accounting corresponding to the requirements of the BIFIE, taking account of § 14 and an internal control system;

4. creation of the business concept, planning and control documents and reports (paragraphs 13-15);

5. conclusion of contracts;

6 creation of project plans (§ 16 para. 3).

(6) the rules for the BIFIE (para 5 No. 1) has to make further determinations about the duties and powers of the Director or the Director. This investment, amount limits are set the granting of loans, taking out loans and concluding service contracts and other contracts, where the consent of the Supervisory Board to catch up is.


(7) the Director, or the Director has the Supervisory Board upon request to provide access to all the economic leadership of the BIFIE, in particular the management and service contracts, the documents in question.

Appointment procedure

section 9a. (1) for the appointment of the Director or the Director finds the staffing law, Federal Law Gazette I no. 26/1998, with the proviso application that the tender for section 4, paragraph 2, of the staffing law also in foreign revocations has to be done.

(2) the responsible member of the Government has to establish a recruitment Commission at the latest four weeks after the tender. The selection Committee includes



1. two members of the Supervisory Board, 2. two members of the Scientific Advisory Board, 3. two representatives and representatives of the Federal Ministry of education and women, 4. a representative or a representative of the Works Council of BIFIE, 5 the or the compliance officer of the Federal Ministry of education and women and 6 two people with experience in the field of international education research. § 8 para 3 shall apply. The members referred to in no. 4 to 6 have consultative voice. The other members of the selection Committee decide by mutual agreement.

(3) duties of the selection Committee are:



1. verification of incoming applications to the function of the Director or the Director;

2. active search for applicants and candidates to the function of the Director or the Director;

3. creation of a proposal for the appointment of the Director or the Director by the competent Member of the Government at the latest two months after the application deadline. The proposal has to include that for the order to the Director or applicants the best director and candidate. More than six applicants and applicants should be not included in the proposal at less than three applicants and the proposal to include a justification for the small number of proposed has candidates.

A proposal is not concluded, the Government member responsible has still to carry out the order or to rewrite. In the creation of the proposal referred to in paragraph 3 No. 3 is the prohibition of discrimination pursuant to the federal equal treatment Act to follow. The proposal created by the selection Committee is not binding on the ordering member of the Government. It retain the competent Member of the Government to rewrite the function.

Representation of the BIFIE

§ 10 (1) represents the Director or the Director the BIFIE in all matters to the outside.

(2) the BIFIE is authorized by the legal transactions closed by the Director or by the Director on behalf of the BIFIE and committed. The Director or the Director is authorized with the approval of the Supervisory Board, suitable agents for specific matters of the BIFIE pursuant to § 54 of the company law book (UGB), dRGBl. S 219/1897, to empower.

(3) the Director or the Director is obliged to comply with all restrictions that are set in this Federal Act or a mandatory order of the Supervisory Board or of the competent Government member for the scope of his or her authority to represent the BIFIE. Against third parties, a limitation of the power of representation has no legal effect.

(4) the submission of a declaration, the delivery of subpoenas and other notifications to the BIFIE can be authorised officials with legal effect only the Director or the Director or pursuant to par. 2, last sentence."

19. in article 1 § 11 para 1 No. 3, § 12 para 1 third sentence as well as § 27 subpara 2 and 3 the phrase "Science and research" by the phrase "Science, research and economy" replaced.

20 article 1 article 11, paragraph 1 the following records are attached:

"The members of the Supervisory Board have the skills necessary for the proper performance of the duties, to have skills and professional experience and must be able to perform the functions of a member of the Supervisory Board. You may not be in a business or personal relationship with the BIFIE or the Director or Director which may constitute a conflict of interest not only temporary. You can be also not in an employment or other legal relationship to the BIFIE, except the Member in accordance with no. 4 of the Works Council for hosting. Persons who legally, convicted of a judicially punishable act that provides their professional conduct in question may not be orderable as a member of the Supervisory Board."

21. in article 1 § 11 para 4 is the phrase "the Chairman or the Chairman of the Supervisory Board and his Deputy or its Deputy' through the turn" which or the Chairman of the Supervisory Board, as well as their or its substitute or Deputy "replaced.

22 article 1 § 11 paragraph 6 Nos. 1 and 2 is:



'1. create rules of procedure for the Supervisory Board and submission of thereof to the competent Member of the Government to the note;

"2. examination of the proposal as well as to decide on the rules of procedure for the BIFIE and submission of thereof to the competent Member of the Government note;"

23 article 1 § 11 paragraph 6 Z 5 to 10 is replaced by the following Z 5-10 together with the final sentence:



"5. order of the auditor or the auditor of the financial statements;

6 audit of the financial statements and decision-making about the appropriation or measures in case of loss of balance, as well as reporting to the competent Member of the Government;

7 determination of the annual accounts and discharge of the Director or the Director;

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

9. resolution on the submission to the competent Member of the Government to the dismissal of the Director or the Director by a two thirds majority in the presence of dismissal for reasons stated in § 9 para 4;

10 review and approval of project plans according to § 16 para 3 and submission of thereof to the Member of Government responsible for approval.

A decision according to Z 9 requires by way of derogation from paragraph 7 of the vote of at least two-thirds of the members of the Supervisory Board."

24. in article 1, section 11 is inserted after section 6 of the following paragraph 6a:

"(6a) where pursuant to subsection 6 Z may no higher charge 8 contract of employment concluded between the BIFIE and the Director, or the Director are agreed, as it fixed the monthly charge of contract staff in the evaluation group v1/7 referred to in section 74 paragraph 2 No. 3 of the contract staff Act 1948 (VBG), Federal Law Gazette No. 86/1948, corresponds to." Also be provided that any sidelines and investments to bring the Supervisory Board are, which may prohibit toxic to them than with the function of the direction of the BIFIE not compatible or the fulfilment of the obligations arising from the contract of employment."

25 article 1 § 11 paragraph 7 eliminates the last sentence.

26 article 1 § 11 paragraph 8 deleted.

27. in article 1, section 11, paragraph 9 are the words "Board of Directors" replaced with the phrase "The Director or the Director".

28 article 1 § 12 para 1 second sentence reads:

"This consists of seven members to be ordered by the competent Member of the Government for a term of five, which have recognized personalities from the field of University, University or non-university educational research and teaching to be, have to have experience in the direction of a relevant institution, of which at least two belonging to the educational or research area outside of the Republic of Austria."

29. in article 1, section 12 is inserted after paragraph 1 of the following paragraph 1a:

"(1a) the members of the Advisory Board to be ordered are sufficient competences in the task pane of the BIFIE pursuant to § 2 para 2 to have covered areas. Member of the Government has to entrust the Chairperson a member of the Advisory Board with the Presidency and one with the delegation."

30 article 1 § 12 par. 3 and 4 is:

"(3) the Advisory Board shall annually to report on the respect for the principles of fulfilment of tasks according to the § § 3 and 7a by the Director or the Director the competent Member of the Government.

(4) the Advisory Board shall meet at least twice a year in Advisory Board meetings."

31. in article 1, § 12 ABS. 5 eliminates the phrase "elections (para. 4) and".

32. Article 1 § 13 paragraph 1 reads:

(1) which has Director or the Director of the BIFIE to create a corporate concept, which has to contain the main content strategic and organisational principles (E.g. management structures, corporate culture, (educational) research strategy, scientific orientation, cooperation with other research institutions among others.) until 30 June 2017. The business concept is to present the Supervisory Board and the Advisory Board for review and assessment and to forward the Member of Government responsible for approval by the Supervisory Board after its approval by connecting any reviews."

33. in article 1 § 13 para 2 and 3 second sentence are first rate, § 14 para 5, § 15 para 1 and article 23 para. 3 the words "The Executive Board" each replaced by the expression "The Director or the Director".


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

"The Supervisory Board has affiliated to present the three-year plan to the Advisory Committee for an opinion and to forward this port a possible opinion of the Advisory Council to the Member of Government responsible for approval and permission."

35. Article 1 article 14, paragraph 1, first sentence, is:

"The Director, or the Director has the Supervisory Board each year until the end of September a year plan (for next year) and the Board of Directors and the Advisory Board until the June of end of an annual report (for the year) to the test to submit."

36. in article 1, section 14, para 2 accounts for the second, third and fourth movements.

37. Article 1 § 14 para 3 reads:

"(3) the Director or the Director has to submit the annual report after review by the Advisory Board and the Supervisory Board in accordance with paragraph 1, as well as further following approval of the financial statements by the Supervisory Board to the competent Member of the Government. The financial statements provided by the Supervisory Board is in the Federal accounts (article 119 para 3 Z 4 of the Federal Budget Act 2013 (BHG 2013), Federal Law Gazette I no. 139/2009), to absorb and to submit the register of companies. On demand is about fundamental issues of activities of BIFIE separately report the competent Member of the Government."

38. Article 1 § 16 section 1 reads:

"(1) the Federal Government, represented by the competent Member of the Government, provides the BIFIE for the expenses it incurred in fulfilling its tasks in the public interest pursuant to section 2, a demand-oriented base grant in the amount of EUR 12 million for the year 2017, more than 11.6 million euros for the year 2018 and EUR 11.2 million for the year 2019. The concrete fixing of the level of demand-oriented base grant for each year has by the competent Member of the Government in the wake of the approval of three year plans in accordance with the provided for in the annual Federal Finance Act for these purposes means in particular taking into account an economic, economical, and convenient management of the BIFIE any balance sheet profits as well as organizational to onset of the BIFIE and structure-enhancing measures of efficiency to be made. The basic grant set for a calendar year is proven to bring all institutions of the BIFIE pursuant to § 18 para 1 and close to the approved three-year plan."

39. Article 1 § 16 para 3 reads:

"(3) in addition to the benefits referred to in paragraph 1 the Federal Government, may grant represented by the Member of Government responsible, additional resources in the amount of EUR 800 000 for additional unforeseen projects in accordance with the resources provided for in the Federal Finance Act for these purposes for the years 2017 to 2019. Taking into account an economic, economical, and convenient management of BIFIE has. the Director or the Director for such projects to create a detailed project plan that the Member of Government responsible for approval to the Supervisory Board for examination and approval, and then from this is"

40. in article 1 § 21 para 2, § 23 para. 3, first sentence, and paragraph 27 Nos. 3, 4 and 5 will be replaced the phrase "Teaching, art and culture" each by the phrase "Education and women".

41. Article 1 § 23 paragraph 10 is eliminated.

42. in article 1 is inserted after section 23 of the following section 23a along with heading:

"Personnel actions relating to the Federal Act Federal Law Gazette I no. 151/2015"

Section 23a. (1) number of employees and workers of the BIFIE in accordance with article 23, paragraph 1, 2 and 4, moving in a service relationship to the Federal Government, are treated as if it is acted at their previous employment with the BIFIE to a service relationship with the Federal Government.

(2) number of employees and workers of the BIFIE, who are entrusted on December 31, 2016, with tasks concerning the final examinations at schools and colleges, are entitled to switch to the Federal (Federal Ministry of education and women - central line) with effect from 1 January 2017 in a service relationship. With these workers and workers, special agreements are in accordance with section 36 of the contract staff act in 1948 to complete. These special agreements have on working conditions existing prior to the date of the change to the BIFIE to take caution and it is aiming for, that no service and pay legal Lessfavourable treatment of staff is carried out; such special agreements require the approval of the Federal Chancellor.

(3) officials of the Federation or a land, which are entrusted to 31 December 2016 at the BIFIE with the tasks referred to in paragraph 2 section 2 does not apply to public. Member of the Government is empowered, these public servants, if they are public servants of the Federal Government and entrusted with tasks referred to in paragraph 2 in the Federal service, to grant a supplementary allowance in the amount up to the difference between the monthly subscription according to the for them provisions of the 1956 salary law and the benefits last received for the performance of these duties, taking into consideration the tasks in the BIFIE.

(4) public servants of a country, who are entrusted with these tasks on 31 December 2016 at the BIFIE to in paragraph 2 is second and third set to apply paragraph 2 and apply section 121d para 5 country teacher service law, BGBl. No. 302 / 1984, mutatis mutandis.

(5) claims of the BIFIE against the workers changing in accordance with paragraph 2 or 4 in a service relationship to the Federal and workers go over the date of establishment of the service relationship to the Federal Government on the Federal and are, as far as they are not as the original claims of the Federal Government on the BIFIE and by this not already according to § 23 paragraph 8 were refunded the Federal ", to refund the BIFIE."

43. Article 1, section 24 para 3 reads:

"The cancellation of requirements for the three year plans, as well as the approval of the business plan and the three-year plans is (3) the responsible member of the Government."

44. article is 1 § 25 together with the heading:

"Transitional law

25. (1) in the period between the promulgation of the Federal Act Federal Law Gazette I no. 151/2015 in the Federal Law Gazette until the expiry of the 31 December 2016 is § 9 ABS. 2:

"(2) the responsible member of the Government is to order a Board of Directors ("transition Board") for the period from 1 January 2016 until December 31, 2016. The transition Board consists of two persons, of which one for the care anyway, the task in accordance with § 2 par. 2, last sentence is responsible. This person is subject to the competent Member of the Government in carrying out the above task and has its arrangements to follow. Both transition directors or directors have knowledge and skills to have, which ensure the fulfilment of the tasks referred to in paragraph 5 and in addition before and after 1 January 2017 to ensure an orderly transition of the legal situation. "The staffing law, Federal Law Gazette I no. 26/1998, as well as section 9a and heading as amended by Federal Law Gazette No. 151/2015 find for the order of the transition Board not to apply."

(2) by way of derogation from section 11 paragraph 3 and article 12, paragraph 1, the term of Office of the members of the Supervisory Board and of the Advisory Board expires at the end of 31 December 2016. With effect from 1 January 2017, these bodies in accordance with article 11, paragraph 1 and 4, and article 12, paragraph 1 and 1a in the version of Federal Law Gazette I are to occupy no. 151/2015.

(3) during the period from the announcement of the Federal Act Federal Law Gazette I no. 151/2015 in the Federal Law Gazette until the expiry of the 31 December 2016 is § 16 section 1 with the proviso that the phrase "for 2016" takes the place of the phrase "for the years 2013 to 2015'."

45. in article 1, the heading of the section 28 is:

"Entry into force, expiry"

46. § 28 the following paragraph 4 is added:

"(4) § 9a along with headline, article 11, paragraph 1 Nos. 3 and para 4, § 12 para 1 third sentence, § 21 para 2, § 23 para 3 first sentence, section 25 together with heading, § 27 Nos. 2, 3, 4 and 5, as well as the heading of the section 28 as amended by Federal Law Gazette I no. 151/2015 at the end of the day of the announcement in the Federal Law Gazette into force." The contents, § 1 para. 3 and 5, § 2 para 1 and 2, article 3, paragraph 1, § 5 para 2, § 7 paragraph 1a, § 7a together with heading, § 7B along with headline, article 8, paragraph 1 Z 1 and 3, § 9, including heading, § 10 together with the heading, article 11, paragraph 1 fifth last until last set, 6, 6a, 7 and 9, article 12, paragraph 1 second sentence, 1a, 3, 4 and 5 , Article 13, paragraph 1, 2 and 3, article 14, paragraph 1, 2, 3 and 5, article 15, paragraph 1, article 16, paragraph 1 and 3, § 23 para 3 second sentence, § 23a along with heading and section 24 para 3 as amended by the said Federal Act enter into force with 1 January 2017. § 11 para 8 and § 23 paragraph 10 override happening."

Fischer

Faymann