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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
EDUCATION AND TRAINING LEGISLATION
REPEAL BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of the Hon Karen Andrews MP, Assistant
Minister for Vocational Education and Skills)
EDUCATION AND TRAINING LEGISLATION
REPEAL BILL 2017
OUTLINE
The Education and Training Legislation Repeal Bill 2017 (the Bill) repeals the
following four Commonwealth Acts within the Education and Training portfolio that
are either spent or redundant:
Australian Research Council (Consequential and Transitional Provisions) Act
2001
Australian Technical Colleges (Flexibility in Achieving Australia's Skills
Needs) Act 2005
Skilling Australia's Workforce Act 2005
Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005
The Bill also includes a consequential amendment to the definition of "VET
provider" used in the Social Security Act 1991.
The repeal of these Acts ensures regulation is easily accessible, continues to
deliver on policy outcomes and only remains in force for as long as necessary.
Making regulation easily accessible means that business, individuals and
community organisations spend less time trawling through regulations to find
relevant and current legislation.
2
FINANCIAL IMPACT STATEMENT
This Bill has no financial implications.
3
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011
EDUCATION AND TRAINING LEGISLATION REPEAL BILL 2017
The Education and Training Legislation Repeal Bill 2017 (Bill) is compatible with the
human rights and freedoms recognised or declared in the international instruments
listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Bill repeals four spent and redundant Acts in the Education and Training
portfolio.
Analysis of human rights implications
Australian Research Council (Consequential and Transitional Provisions) Act 2001
(ARC C&T Act)
Item 1 of Schedule 1 repeals the ARC C&T Act. This does not engage any
applicable human rights.
The ARC C&T Act was established to implement a number of government research
funding initiatives announced in the 1999 policy statement Knowledge and
Innovation: A policy statement on research and research training. The ARC C&T
Act also repealed the Employment, Education and Training Act 1988 resulting in the
constitution of the Australian Research Council under the Australian Research
Council Act 2001. The ARC C&T Act outlined the transitional arrangement arising
from repeal of the Employment, Education and Training Act 1988 and the
commencement of the Australian Research Council Act.
The ARC C&T Act is no longer relevant to the Australian Research Council
because its primary legislative purpose is obsolete and non-operational. It also
refers to an outdated list of institutions and bodies as being eligible for assistance,
and lists financial amounts which were made available between 2001 and 2002 for
funding grants under the Higher Education Funding Act 1988.
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Act
2005 (ATC Act)
Item 2 of Schedule 1 repeals the ATC Act. This does not engage any applicable
human rights.
The ATC Act underpinned the Australian Technical Colleges program (ATC
program). The ATC program was established to provide students in Years 11 and
12 with trade training pathways in several traditional trades with skill shortages,
while students also completed a secondary certificate of education.
4
In 2007, the then government announced that ATCs would be integrated into the
broader education and training system after the expiry of funding agreements on
31 December 2009. By the end of 2009, all 24 ATCs were transitioned to new
arrangements. Two ATCs have subsequently ceased operations.
The ATC Act is no longer relevant as all payments, funded projects and other
substantial obligations under the funding agreements entered into under the ATC
Act have been completed.
Skilling Australia's Workforce Act 2005 (SAW Act)
Item 3 of Schedule 1 repeals the SAW Act. This does not engage any applicable
human rights.
The SAW Act governed financial grants to the states and territories to support the
national training system for the years from 2005 to 2008. All payments under the
SAW Act have been made, with no further financial actions needing to be
undertaken. The SAW Act is now redundant and suitable for repeal.
Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005 (SAW
R&T Act)
Item 4 of Schedule 1 repeals the SAW R&T Act. This does not engage any
applicable human rights.
The SAW R&T Act repealed the Australian National Training Authority Act 1992 and
the Vocational Education and Training Funding Act 1992, thereby effecting the
abolition of the Australian National Training Authority (ANTA) and the then funding
arrangements for Commonwealth grants to the states and territories for vocational
education and training. The SAW R&T Act also provided for transitional
arrangements to enable the transfer of functions from ANTA to the then Department
of Education, Science and Training.
Social Security Act 1991
Item 5 of Schedule 1 amends the definition of "VET provider" in the Social Security
Act 1991. This is machinery in nature due to the repeal of the SAW Act by item 3 of
Schedule 1 and does not engage any applicable human rights.
Conclusion
The Bill is compatible with human rights.
5
EDUCATION AND TRAINING LEGISLATION
REPEAL BILL 2017
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Act to be the Education and Training Legislation
Repeal Act 2017.
Clause 2 - Commencement
The table in subclause 2(1) sets out when the Act's provisions will commence. The
table provides that the whole of the Act will commence the day after the Act
receives the Royal Assent.
Subclause 2(2) provides that information in column 3 of the table at subclause 2(1)
is not part of the Act and information may be inserted into column 3 or information
in it may be edited in any published version of the Act.
Clause 3 - Schedules
This clause provides that any legislation that is specified in a schedule is amended
or repealed as set out in the applicable items in the schedule and that any other
item in a schedule has effect according to its terms.
List of abbreviations
ARC C&T Act Australian Research Council (Consequential and Transitional
Provisions) Act 2001
ATC Act Australian Technical Colleges (Flexibility in Achieving
Australia's Skills Needs) Act 2005
SAW Act Skilling Australia's Workforce Act 2005
SAW R&T Act Skilling Australia's Workforce (Repeal and Transitional
Provisions) Act 2005
SS Act Social Security Act 1991
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Schedule 1 Repeals of Acts
Summary
This Schedule repeals four redundant Acts administered by the Education and
Training portfolio and makes a consequential amendment to the SS Act.
Detailed explanation
Part 1 - Repeals
Australian Research Council (Consequential and Transitional Provisions) Act
2001
Item 1 - The whole of the Act
This item repeals the ARC C&T Act.
The ARC C&T Act was established to implement a number of government research
funding initiatives announced in the 1999 policy statement Knowledge and
Innovation: A policy statement on research and research training.
The ARC C&T Act also repealed the Employment, Education and Training Act
1988, resulting in the constitution of the Australian Research Council under the
Australian Research Council Act 2001. The ARC C&T Act outlined the transitional
arrangement arising from repeal of the Employment, Education and Training Act
1988 and the commencement of the Australian Research Council Act.
The ARC C&T Act is no longer relevant to the Australian Research Council
because its primary legislative purpose is obsolete and non-operational. It also
refers to an outdated list of institutions and bodies as being eligible for assistance,
and lists financial amounts which were made available between 2001 and 2002 for
funding grants under the Higher Education Funding Act 1988.
The ARC C&T Act is now redundant and suitable for repeal.
Australian Technical Colleges (Flexibility in Achieving Australia's Skills
Needs) Act 2005
Item 2 - The whole of the Act
This item repeals the ATC Act.
The ATC Act underpinned the Australian Technical Colleges program (ATC
program). The ATC program was established to provide students in Years 11 and
12 with trade training pathways in several traditional trades with skill shortages,
while students also completed a secondary certificate of education.
7
In 2007, the then government announced that ATCs would be integrated into the
broader education and training system after the expiry of funding agreements on
31 December 2009. By the end of 2009, all 24 ATCs were transitioned to new
arrangements. Two ATCs have subsequently ceased operations.
The ATC Act is now redundant and suitable for repeal.
Skilling Australia's Workforce Act 2005
Item 3 - The whole of the Act
This item repeals the SAW Act.
The SAW Act governed financial grants to the states and territories to support the
national training system for the years from 2005 to 2008. All payments under the
SAW Act have been made, with no further financial actions needing to be
undertaken.
The SAW Act is now redundant and suitable for repeal.
Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005
Item 4 - The whole of the Act
This item repeals the SAW R&T Act.
The SAW R&T Act repealed the Australian National Training Authority Act 1992 and
the Vocational Education and Training Funding Act 1992, thereby effecting the
abolition of the Australian National Training Authority (ANTA) and the then funding
arrangements for Commonwealth grants to the states and territories for vocational
education and training. The SAW R&T Act also provided for transitional
arrangements to enable the transfer of functions from ANTA to the then Department
of Education, Science and Training, including the transfer of assets, liabilities and
records.
The SAW R&T Act is now redundant and suitable for repeal.
Part 2 - Consequential amendments
Social Security Act 1991
Item 5 - Subsection 23(1) (definition of VET provider)
This item amends subsection 23(1) of the SS Act to substitute the reference to the
SAW Act in the current definition of VET provider with a reference to the National
Vocational Education and Training Regulator Act 2011. This amendment is
consequential to the repeal of the SAW Act by item 3 of this Schedule.
8
Part 3 - Saving and application provisions
Item 6 - Saving provision
This item provides that, notwithstanding the repeal of the ATC Act made by Part 1
of this Schedule:
any agreements that were still in force under Part 2 of the ATC Act
immediately before this item commences (i.e. prior to the day after this Act
receives the Royal Assent), continue in force after the commencement date
the ATC Act, as in force immediately before that commencement, continues
to apply on and after that commencement with respect to any such Part 2
agreements.
Item 7 - Transitional rules
Subitem 7(1) provides that the Minister may, by legislative instrument, make rules
prescribing matters of a transitional nature (including prescribing any saving or
application provisions) relating to the amendments or repeals made by this
Schedule.
Subitem 7(2) provides limits and safeguards on the Minister's transitional rule-
making power. That is, the transitional rules may not create an offence or civil
penalty; provide powers of arrest or detention, or of entry, search or seizure;
impose a tax; set an amount to be appropriated from the Consolidated Revenue
Fund under an appropriation in this Act; or directly amend the text of this Schedule.
Subitem 7(3) provides that, apart from the limitations contained in subitem 7(2), this
Schedule does not limit the rules that may be made for the purposes of subitem
7(1).
As all the Acts to be repealed by this Bill are considered redundant, it is not
currently envisaged that there will be any need for the Minister to subsequently
make any rules of a transitional nature. The transitional rule making power is
included, however, in the unlikely event an unforseen matter were to arise in the
future requiring a rule to be made to deal with the matter. Any rules made would be
subject to Parliamentary oversight through the disallowance process.
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