TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003)

Australian Capital Territory Numbered Acts

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TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - NOTES

Dictionary

(see s 4)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

• corporation

• exercise

• function

• may (see s 146)

• must (see s 146)

• person.

"accredited" course means a course that—

(a) leads to a qualification under the AQF; and

(b) for a vocational education and training course—is registered as an accredited course under chapter 3; and

accreditation includes renewed accreditation.

ANTA means the Australian National Training Authority established under the Commonwealth Act.

AQF means the policy framework entitled ‘Australian Qualifications Framework' that defines all qualifications (whether as defined under this Act or otherwise) recognised nationally in education and training within Australia, endorsed by MINCO to commence on 1 January 1995, as in force from time to time.

Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act.

AQTF means the policy framework entitled ‘Australian Quality Training Framework' that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by MINCO on 8 June 2001, as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

"authority "means the Vocational Education and Training Authority established under the Vocational Education and Training Act 2003.

"committee" means a committee established by the council under section 21.

Commonwealth Act means the Australian National Training Authority Act 1992 (Cwth).

"compliance audit" means—

(a) for a RTO—an audit, including if necessary a site visit, conducted by or for the council or another registering body to establish whether the RTO complies with the RTO standards, except any legislative compliance standard; or

(b) for a registered higher education provider—an audit, including if necessary a site visit, conducted by or for the council to establish whether the provider complies with the higher education standards, except any legislative compliance standard.

"corresponding law" means—

(a) for chapter 3 (Vocational education and training)—

(i) if a regulation prescribes a law of another jurisdiction as a corresponding law—that law; or

(ii) in any other case—a law of another jurisdiction that corresponds to chapter 3; and

(b) for a provision of chapter 3—the provision of a corresponding law of another jurisdiction under paragraph (a) that corresponds to the provision of chapter 3.

"council"—means the Accreditation and Registration Council established under section 7.

course accrediting body means the council or a body equivalent to the council in another jurisdiction responsible for the administration of the accreditation of courses under that jurisdiction's legislation relating to vocational education and training or higher education.

"foreign university" means a university that is—

(a) established in a foreign country; and

(b) recognised as a university by the authority in the foreign country that, in the Minister's opinion, is the competent authority for the purpose.

"franchise arrangement" means an agreement or other arrangement between 2 or more people by which one of them (the franchisor) authorises or permits another (the "franchisee")—

(a) to engage in the business of offering, selling or distributing goods and services within or partly within the ACT, if the franchisee is required to do so—

(i) in accordance with a particular marketing, business or technical plan or system; and

(ii) under a common format or procedure (or format and procedure); and

(b) to use a mark or common trade name, in such a way that the business carried on by the franchisee is, or can be, identified by the public as being substantially associated with the mark or name identifying, commonly connected with or controlled by the franchisor or a related person.

"higher education award "means—

(a) a degree, status, title or description of bachelor, master or doctor; or

(b) any other award that is described as a ‘degree'; or

(d) any other award described in AQF as a higher education award.

"higher education course "means a course of study that entitles a person who satisfies the course requirements to the conferral of a higher education award.

"higher education provider" means a provider of courses leading to higher education awards, other than a university.

"higher education standards "means the following, to the extent that they are relevant to higher education providers:

(a) the national protocols;

(b) the RTO standards and the standards for State and Territory registering and course accrediting bodies;

jurisdiction means the Territory or, if it has enacted a corresponding law, a State.

legislative compliance standard means a standard included in the RTO standards or the higher education standards requiring that an RTO or higher education provider ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that such compliance is maintained.

Note On commencement of this definition, the relevant RTO standard was standard 2.

"MINCO" means the ministerial council on vocational education and training operating in accordance with the ANTA Agreement as defined in the Commonwealth Act, section 4 (1), definition of "Agreement".

ministerial council means a council consisting of the Ministers from the Territory, each State and the Commonwealth responsible for employment, education, training and youth affairs.

"nationally endorsed", for a training package, means endorsed by the committee known as the national training quality committee established by MINCO.

"national protocols "means the National Protocols for Higher Education Approval Processes endorsed by the ministerial council on education, employment, training and youth affairs on 31 March 2000, as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

national register means the National Training Information Service maintained by ANTA, to the extent that it consists of a register of people or matters registered under this Act or corresponding laws.

national training framework means the policy framework, comprising the AQTF and the concept of training packages, endorsed by MINCO in September 1996, and that policy framework and concept of training packages as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

prohibition means a prohibition on all or some of the operations of an RTO, higher education provider or university.

qualification means formal certification in the vocational education and training sector by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in—

(a) a nationally endorsed training package for which details of the qualification have been registered by ANTA; or

(b) an accredited course that provides training for the qualification.

"registered" means—

(a) for a training organisation—registered under chapter 3; and

(b) for a higher education provider—registered under chapter 4.

registered training organisation means a person whose details as a training organisation are registered.

registering body means the council or a body equivalent to the council in another jurisdiction that is responsible for the registration of training organisations under the corresponding law of that jurisdiction.

registration includes renewed registration.

restriction means a restriction on all or some of the operations of an RTO, higher education provider or university, or a prohibition.

RTO means a registered training organisation.

RTO standards means the standards for registered training organisations and, to the extent that they are relevant to an RTO, the standards for State and Territory registering and course accreditation bodies.

"scope of registration"—

(a) for an RTO—see section 31; or

(b) for a higher education provider—see section 58.

standards for accreditation of courses means the standards for accreditation of courses adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

standards for registered training organisations means the standards for registered training organisations adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

standards for State and Territory registering and course accrediting bodies means the standards for State and Territory registering bodies and course accrediting bodies adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.

Note 2 A notifiable instrument must be notified under the Legislation Act.

statement of attainment means formal certification in the vocational education and training sector by an RTO under the AQF that a person has achieved—

(a) part of a qualification; or

(b) 1 or more units of competency from a nationally endorsed training package; or

(c) all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification.

"trades and labour council" means the Trades and Labour Council of the Australian Capital Territory Incorporated.

training package means an integrated set of competency standards and assessment guidelines leading to a qualification for a particular industry, industry sector or enterprise.

unit of competency means a specification of knowledge and skill and their application to a particular standard of performance.

"university "means—

(a) a provider of higher education that is—

(i) established or recognised as a university under this Act or another law of the Territory, the Commonwealth or a State; and

(ii) listed as a university on the AQF register; or

(b) a foreign university.

"university advisory panel"—see section 85 (Establishment of panel).

vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF.

"vocational education and training course "means a course leading to a qualification or statement of attainment.

[Presentation speech made in Assembly on 3 April 2003]

I certify that the above is a true copy of the Tertiary Accreditation and Registration Bill 2003 which was passed by the Legislative Assembly on 21 August 2003.

Acting Clerk of the Legislative Assembly

Australian Capital Territory

Tertiary Accreditation and Registration Act 2003

A2003-36

Notified under the Legislation Act 2001 on 8 September 2003
(see www.legislation.act.gov.au)

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