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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Vocational Education and
Training Regulator Amendment Bill
2015
No. , 2015
(Education and Training)
A Bill for an Act to amend the National Vocational
Education and Training Regulator Act 2011, and for
other purposes
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Vocational education and training
3
Part 1--Advertising or offering VET courses
3
National Vocational Education and Training Regulator Act 2011
3
Part 2--Period of registration
6
National Vocational Education and Training Regulator Act 2011
6
Part 3--Quality Standards
7
National Vocational Education and Training Regulator Act 2011
7
Part 4--Operational improvements
8
Division 1--Disclosure of VET information
8
National Vocational Education and Training Regulator Act 2011
8
Division 2--Directions to rectify breaches of conditions
9
National Vocational Education and Training Regulator Act 2011
9
Division 3--Requests for information, documents or things
10
National Vocational Education and Training Regulator Act 2011
10
Division 4--VET Quality Framework
10
National Vocational Education and Training Regulator Act 2011
10
Part 5--Administrative changes
11
Division 1--Registered training organisations
11
National Vocational Education and Training Regulator Act 2011
11
Division 2--Issuing officer
11
National Vocational Education and Training Regulator Act 2011
11
Division 3--Ministerial Council
11
National Vocational Education and Training Regulator Act 2011
11
Division 4--Reviewable decisions
12
National Vocational Education and Training Regulator Act 2011
12
Division 5--Self-incrimination
14
ii
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
National Vocational Education and Training Regulator Act 2011
14
Schedule 2--Transitional provisions
15
National Vocational Education and Training Regulator (Transitional
Provisions) Act 2011
15
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
1
A Bill for an Act to amend the National Vocational
1
Education and Training Regulator Act 2011, and for
2
other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the National Vocational Education and
6
Training Regulator Amendment Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Vocational education and training Schedule 1
Advertising or offering VET courses Part 1
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
3
Schedule 1
--Vocational education and
1
training
2
Part 1
--Advertising or offering VET courses
3
National Vocational Education and Training Regulator Act
4
2011
5
1 Section 3
6
Insert:
7
registration code, of a registered training organisation, means the
8
code (however described) included on the National Register in
9
respect of the organisation.
10
2 At the end of section 8
11
Add:
12
(6) In addition to its effect apart from this subsection, this Act also has
13
the effect it would have if each reference to a person in
14
Subdivisions B and C of Division 1 of Part 6, other than
15
section 131, were, by express provision, confined to a trading
16
corporation.
17
3 After section 123
18
Insert:
19
123A Offence--advertising or offering VET course without
20
identifying issuer of VET qualification or statement of
21
attainment
22
A person commits an offence if:
23
(a) the person:
24
(i) publishes or broadcasts, or continues to publish or
25
broadcast, an advertisement relating to all or part of a
26
VET course; or
27
(ii) causes an advertisement relating to all or part of a VET
28
course to be published or broadcast, or causes such an
29
Schedule 1 Vocational education and training
Part 1 Advertising or offering VET courses
4
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
advertisement to continue to be published or broadcast;
1
or
2
(iii) offers to provide, or continues to offer to provide, all or
3
part of a VET course; or
4
(iv) makes a representation, or continues to make a
5
representation, about the availability of all or part of a
6
VET course; and
7
(b) the advertisement, offer or representation does not include
8
the name and registration code of the registered training
9
organisation that will issue a VET qualification or VET
10
statement of attainment relating to the VET course or the part
11
of the VET course.
12
Note:
For the liability of an executive officer of a registered training
13
organisation, see sections 133 and 133A.
14
Penalty: 60 penalty units.
15
123B Civil penalty--advertising or offering VET course without
16
identifying issuer of VET qualification or statement of
17
attainment
18
A person contravenes this section if:
19
(a) the person:
20
(i) publishes or broadcasts, or continues to publish or
21
broadcast, an advertisement relating to all or part of a
22
VET course; or
23
(ii) causes an advertisement relating to all or part of a VET
24
course to be published or broadcast, or causes such an
25
advertisement to continue to be published or broadcast;
26
or
27
(iii) offers to provide, or continues to offer to provide, all or
28
part of a VET course; or
29
(iv) makes a representation, or continues to make a
30
representation, about the availability of all or part of a
31
VET course; and
32
(b) the advertisement, offer or representation does not include
33
the name and registration code of the registered training
34
organisation that will issue a VET qualification or VET
35
Vocational education and training Schedule 1
Advertising or offering VET courses Part 1
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
5
statement of attainment relating to the VET course or the part
1
of the VET course.
2
Civil penalty:
120 penalty units.
3
4 Section 133A (after table item 12)
4
Insert:
5
6
12A
Section 123A
5 After section 233
7
Insert:
8
233A Failure to publish or broadcast advertisement or make offer
9
or representation not actionable if Act would be
10
contravened
11
No action of any kind lies in any court against a person for refusing
12
or failing to publish or broadcast an advertisement, or make an
13
offer or representation, if the publishing or broadcasting of the
14
advertisement or the making of the offer or representation is
15
prohibited by this Act.
16
Schedule 1 Vocational education and training
Part 2 Period of registration
6
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
Part 2
--Period of registration
1
National Vocational Education and Training Regulator Act
2
2011
3
6 Subsection 17(5)
4
Omit "5 years", substitute "7 years".
5
Vocational education and training Schedule 1
Quality Standards Part 3
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
7
Part 3
--Quality Standards
1
National Vocational Education and Training Regulator Act
2
2011
3
7 Section 3
4
Insert:
5
Quality Standards has the meaning given by section 231A.
6
8 Section 3 (after paragraph (a) of the definition of VET
7
Quality Framework)
8
Insert:
9
(aa) the Quality Standards;
10
9 After subsection 22(1)
11
Insert:
12
(1A) An NVR registered training organisation must comply with the
13
Quality Standards.
14
10 After Division 3 of Part 12
15
Insert:
16
Division 3A--Quality standards
17
231A Quality Standards
18
(1) The Minister may, by legislative instrument, make standards
19
relating to quality in the VET sector.
20
(2) The standards are to be known as the Quality Standards.
21
Schedule 1 Vocational education and training
Part 4 Operational improvements
8
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
Part 4
--Operational improvements
1
Division 1
--Disclosure of VET information
2
National Vocational Education and Training Regulator Act
3
2011
4
11 Section 3 (definition of VET information)
5
Repeal the definition, substitute:
6
VET information means information that is held by the National
7
VET Regulator and relates to the performance of the Regulator's
8
functions, including information and documents collected by the
9
Regulator in the course of:
10
(a) the exercise of a power, or the performance of a function,
11
under this Act; or
12
(b) the administration of this Act.
13
12 Section 205A
14
Repeal the section, substitute:
15
205A Disclosing information to certain government bodies etc.
16
(1) The National VET Regulator may disclose VET information to:
17
(a) a Commonwealth authority, or a State or Territory authority,
18
if the Regulator is satisfied that the disclosure is necessary to
19
enable or assist the authority to perform or exercise any of
20
the authority's functions or powers; or
21
(b) a Royal Commission.
22
(2) If the National VET Regulator discloses personal information
23
under subsection (1) to a Royal Commission, the Regulator must
24
advise the person about whom the information is disclosed, by
25
notice in writing, of:
26
(a) the disclosure; and
27
(b) the details of the personal information disclosed.
28
Vocational education and training Schedule 1
Operational improvements Part 4
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
9
Division 2
--Directions to rectify breaches of conditions
1
National Vocational Education and Training Regulator Act
2
2011
3
13 After Subdivision A of Division 3 of Part 2
4
Insert:
5
Subdivision AA--Directions to rectify breaches of conditions
6
35A Directions to rectify breaches of conditions
7
(1) If the National VET Regulator is satisfied that it is appropriate to
8
do so, the Regulator may give a written direction to an NVR
9
registered training organisation requiring the organisation to rectify
10
a breach of a condition of the organisation's registration.
11
(2) In determining whether it is appropriate to give a direction under
12
this section to an NVR registered training organisation, the
13
National VET Regulator may have regard to the organisation's
14
conduct, or circumstances existing, before the Regulator had cause
15
to consider giving the direction (including before the
16
commencement of this section).
17
(3) To avoid doubt, the National VET Regulator may take action, or
18
cause action to be taken, under Part 6 (which deals with
19
enforcement) in addition to, or instead of, giving a direction under
20
this section.
21
14 Paragraph 36(2)(a)
22
Repeal the paragraph.
23
Schedule 1 Vocational education and training
Part 4 Operational improvements
10
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
Division 3
--Requests for information, documents or
1
things
2
National Vocational Education and Training Regulator Act
3
2011
4
15 Section 62 (heading)
5
Repeal the heading, substitute:
6
62 Requests for information, documents or things
7
16 Subsection 62(1)
8
After "former registered training organisation", insert ", or with an
9
organisation that holds itself out, or has at any time held itself out, as
10
such an organisation".
11
Division 4
--VET Quality Framework
12
National Vocational Education and Training Regulator Act
13
2011
14
17 Paragraph 209(1)(c)
15
Omit "Australian Qualifications Framework", substitute "VET Quality
16
Framework".
17
Vocational education and training Schedule 1
Administrative changes Part 5
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
11
Part 5
--Administrative changes
1
Division 1
--Registered training organisations
2
National Vocational Education and Training Regulator Act
3
2011
4
18 Section 3 (at the end of the definition of registered training
5
organisation)
6
Add:
7
Note:
VET Regulators list training organisations on the National Register.
8
Division 2
--Issuing officer
9
National Vocational Education and Training Regulator Act
10
2011
11
19 Section 3 (at the end of the definition of issuing officer)
12
Add:
13
; or (c) a person employed in a court of a State or Territory who is
14
authorised under a law to issue search warrants.
15
Division 3
--Ministerial Council
16
National Vocational Education and Training Regulator Act
17
2011
18
20 Section 3 (definition of Ministerial Council)
19
Repeal the definition, substitute:
20
Ministerial Council means:
21
(a) if there is a body established by the Council of Australian
22
Governments to deal with training and skills--that body; or
23
(b) otherwise--a body prescribed by the regulations.
24
Schedule 1 Vocational education and training
Part 5 Administrative changes
12
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
Division 4
--Reviewable decisions
1
National Vocational Education and Training Regulator Act
2
2011
3
21 Section 199
4
Repeal the section, substitute:
5
199 Reviewable decisions
6
For the purposes of this Act, each of the following decisions of the
7
National VET Regulator is a reviewable decision:
8
9
Reviewable decisions
Item
Reviewable decision
Provision
under which
reviewable
decision is
made
1
A decision to grant an application for registration
(including renewal of registration) as an NVR
registered training organisation.
Section 17
2
A decision to reject an application for registration
(including renewal of registration) as an NVR
registered training organisation.
Section 17
3
A decision determining the period for which an NVR
registered training organisation is registered.
Section 17
4
A decision to impose a condition on an NVR registered
training organisation's registration.
Section 29
5
A decision to vary a condition of an NVR registered
training organisation's registration.
Section 29
6
A decision not to determine a shorter period for making
an application for renewal of registration as an NVR
registered training organisation.
Section 31
7
A decision to change, or refuse to change, an NVR
registered training organisation's scope of registration.
Section 33
8
A decision to give a written direction to an NVR
registered training organisation requiring the
Section 35A
Vocational education and training Schedule 1
Administrative changes Part 5
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
13
Reviewable decisions
Item
Reviewable decision
Provision
under which
reviewable
decision is
made
organisation to rectify a breach of a condition of the
organisation's registration.
9
A decision to give a written direction to an NVR
registered training organisation requiring the
organisation to notify its VET students, in writing, of a
matter set out in the direction.
Section 36
10
A decision to shorten the period of an NVR registered
training organisation's registration.
Section 36
11
A decision to amend an NVR registered training
organisation's scope of registration.
Section 36
12
A decision to suspend all or part of an NVR registered
training organisation's scope of registration.
Section 38
13
A decision to cancel an NVR registered training
organisation's registration.
Section 39
14
A decision to defer making a decision to change an
NVR registered training organisation's scope of
registration until the organisation addresses issues
identified by the National VET Regulator.
Section 41
15
A decision not to allow an NVR registered training
organisation's registration to be withdrawn.
Section 42
16
A decision to grant an application for accreditation of a
course (including renewal of accreditation) as a VET
accredited course.
Section 44
17
A decision to reject an application for accreditation of a
course (including renewal of accreditation) as a VET
accredited course.
Section 44
18
A decision to impose a condition on the accreditation
of a VET accredited course.
Section 48
19
A decision to vary a condition of the accreditation of a
VET accredited course.
Section 48
20
A decision to amend a VET accredited course.
Section 51
21
A decision to cancel the accreditation of a VET
Section 52
Schedule 1 Vocational education and training
Part 5 Administrative changes
14
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
Reviewable decisions
Item
Reviewable decision
Provision
under which
reviewable
decision is
made
accredited course.
22
A decision to issue, or not issue, a VET qualification.
Section 55
23
A decision to issue, or not issue, a VET statement of
attainment.
Section 55
24
A decision to cancel, or not cancel, a VET
qualification.
Section 56
25
A decision to cancel, or not cancel, a VET statement of
attainment.
Section 56
26
A decision to enter other matters on the National
Register.
Section 216
Division 5
--Self-incrimination
1
National Vocational Education and Training Regulator Act
2
2011
3
22 Paragraphs 65(2)(e) and (f)
4
Repeal the paragraphs, substitute:
5
(e) civil proceedings for a contravention of a civil penalty
6
provision; or
7
(f) criminal proceedings, other than:
8
(i) proceedings for an offence against section 64; or
9
(ii) proceedings for an offence against section 137.1 or
10
137.2 of the Criminal Code (which deals with false or
11
misleading information or documents) that relates to
12
this Act; or
13
(iii) proceedings for an offence against section 149.1 of the
14
Criminal Code (which deals with obstruction of
15
Commonwealth public officials) that relates to this Act.
16
Transitional provisions Schedule 2
No. , 2015
National Vocational Education and Training Regulator Amendment
Bill 2015
15
Schedule 2
--Transitional provisions
1
2
National Vocational Education and Training Regulator
3
(Transitional Provisions) Act 2011
4
1 Schedule 1 (heading)
5
Repeal the heading, substitute:
6
Schedule 1
--Transitional provisions relating
7
to the National Vocational Education
8
and Training Regulator Act 2011 as
9
originally enacted
10
2 At the end of the Act
11
Add:
12
Schedule 2
--Transitional provisions relating
13
to the National Vocational Education
14
and Training Regulator Amendment
15
Act 2015
16
1 Definitions
17
In this Schedule:
18
Amending Act means the National Vocational Education and Training
19
Regulator Amendment Act 2015.
20
Principal Act means the National Vocational Education and Training
21
Regulator Act 2011.
22
2 Interpretation
23
An expression used in this Schedule that is also used in the Principal
24
Act has the same meaning in this Schedule as it has in the Principal Act.
25
Schedule 2 Transitional provisions
16
National Vocational Education and Training Regulator Amendment
Bill 2015
No. , 2015
3 Application of amendment made by item 3
--certain
1
pre-existing publications
2
The amendment made by item 3 of Schedule 1 to the Amending Act
3
does not apply, on or after the commencement of this item, to the
4
display of an advertisement, offer or representation in a publication that:
5
(a) was published before the commencement of this item; and
6
(b) is not reasonably practicable to alter.
7
4 Application of amendment made by item 6
8
The amendment made by item 6 of Schedule 1 to the Amending Act
9
applies to the grant, on or after the commencement of this item, of an
10
application for registration, including renewal of registration, whether
11
the application was made before, on or after that commencement.
12
5 Application of amendments made by items 13 and 14
13
(1)
This item applies if, before the commencement of this item, the
14
National VET Regulator had given an NVR registered training
15
organisation a written notice under section 37 of the Principal Act
16
stating that the Regulator intended to make a decision to give the
17
organisation a direction mentioned in paragraph 36(2)(a) of that Act.
18
(2)
Despite the amendments made by items 13 and 14 of Schedule 1 to the
19
Amending Act, sections 36 and 37 of the Principal Act continue to
20
apply, in relation to the making of that decision, as if those amendments
21
had not been made.
22
6 Application of amendment made by item 21
23
The amendment made by item 21 of Schedule 1 to the Amending Act
24
applies to a decision made before, on or after the commencement of this
25
item.
26