Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Time limit for decision on approval of provider
Higher Education Support Act 2003
1 After subsection 16-50(3)
Insert:
(3A) However, contravention of subsection (3) does not affect the Minister's power to decide the application or the Minister's obligation to comply with subsection (1).
2 After subclause 11(3) of Schedule 1A
Insert:
(3A) However, contravention of subclause (3) does not affect the Minister's power to decide the application or the Minister's obligation to comply with subclause (1).
3 Application
The amendments made by this Part apply to decisions on applications made on or after the commencement of this Part.
Part 2 -- VET compliance requirements
Higher Education Support Act 2003
4 Subclause 25(2) of Schedule 1A
Repeal the subclause, substitute:
(2) A * VET provider must, by writing, inform the Minister of any event that may significantly affect whether:
(a) any of the conditions in subclause 6(1) are or could be met in relation to the provider after the event; or
(b) there is or may be a ground for revoking under Subdivision 5-B the approval of the VET provider.
(3) A notice under subclause (1) or (2) must be given to the Minister as soon as practicable after the * VET provider becomes aware of the event mentioned in the subclause.
5 Application
The amendment made by this Part applies to VET providers approved before, on or after the commencement of this Part.
Part 3 -- Use and disclosure of information
Higher Education Support Act 2003
6 Subsection 5-1(2) (table item 9, column headed "Provision")
Omit "Protection of personal", substitute "Management of".
7 Section 159-1
Omit "protection of personal information gained in the administration of Chapters 3 and 4", substitute "management of information".
8 Part 5-4 (heading)
Repeal the heading, substitute:
Part 5-4 -- Management of information
9 Section 179-1 (heading)
Repeal the heading, substitute:
179-1 What this Division is about
10 Subsection 179-30(1)
Omit "Part", substitute "Division".
11 At the end of Part 5-4
Add:
Division 180 -- Other rules about information
180-1 Authorisation of certain uses and disclosures of information
Information this section applies to
(1) This section applies to information that:
(a) is * personal information obtained in connection with an application under section 16-40 (which is about applications for approval of bodies as higher education providers); or
(b) is information that:
(i) is obtained by a * Commonwealth officer for the purposes of Chapter 2 or 3; and
(ii) is not personal information.
Use of information
(2) A * Commonwealth officer may use the information in the course of his or her * official employment.
Disclosure to TEQSA and National VET Regulator
(3) The * Secretary may:
(a) disclose the information to * TEQSA for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the * TEQSA Act; and
(b) disclose the information to the * National VET Regulator for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the National Vocational Education and Training Regulator Act 2011 .
This section does not limit use or disclosure
(4) This section does not limit the use or disclosure of the information.
12 Clause 57 of Schedule 1A
Omit "protection of VET personal information gained in the administration of Part 2 of this Schedule (see Division 14) and Chapter 4", substitute "management of information (see Division 14)".
13 Division 14 of Schedule 1A (heading)
Repeal the heading, substitute:
Division 14 -- Management of information
Subdivision 14-A -- Protection of VET personal information
14 Clause 71 of Schedule 1A (heading)
Repeal the heading, substitute:
71 What this Subdivision is about
15 Subclause 77(1) of Schedule 1A
Omit "Division", substitute "Subdivision".
16 At the end of Division 14 of Schedule 1A
Add:
Subdivision 14-B -- Other rules about information
78A Authorisation of certain uses and disclosures of information
Information this clause applies to
(1) This clause applies to information that:
(a) is * VET personal information obtained in connection with an application under clause 9 (which is about applications for approval of bodies as * VET providers); or
(b) is information that:
(i) is obtained by a * Commonwealth officer for the purposes of this Schedule; and
(ii) is not VET personal information.
Use of information
(2) A * Commonwealth officer may use the information in the course of his or her * official employment within the meaning of section 179-15.
Disclosure to TEQSA and National VET Regulator
(3) The * Secretary may:
(a) disclose the information to * TEQSA for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the * TEQSA Act; and
(b) disclose the information to the * National VET Regulator for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the National Vocational Education and Training Regulator Act 2011 .
This clause does not limit use or disclosure
(4) This clause does not limit the use or disclosure of the information.
17 Application
The amendments made by this Part apply in relation to information whether it was obtained or created before, on or after the commencement of this Part.
Part 4 -- Variation and revocation of determinations for advances
Higher Education Support Act 2003
18 After subclause 61(1) of Schedule 1A
Insert:
(1A) The * Secretary may vary or revoke a determination that an advance is to be made to a * VET provider if:
(a) the Secretary is satisfied that the provider has not complied with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider; or
(b) the Secretary is aware of information that suggests that the provider may not comply with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider; or
(c) the Secretary is aware of information that suggests that the provider may not remain financially viable.
(1B) In deciding whether to take action under subclause (1A), the * Secretary may consider any or all of the following matters:
(a) in the case of non-compliance or possible non-compliance by the * VET provider:
(i) whether the non-compliance or possible non-compliance is of a minor or major nature; and
(ii) the period for which the provider has been approved as a VET provider; and
(iii) the provider's history of compliance with this Schedule and the regulations (if any) relating to this Schedule, and the Guidelines made under clause 99 that apply to the provider;
(b) in any case, the impact of the VET provider's non-compliance, possible non-compliance or possible lack of financial viability, and of the proposed variation or revocation of the determination, on:
(i) the VET provider's students; and
(ii) vocational education and training provided by the VET provider; and
(iii) the provision of vocational education and training generally;
(c) in any case, the public interest;
(d) in any case, any other matters specified in the * VET Administration Guidelines.
19 At the end of clause 61 of Schedule 1A
Add:
(5) This clause does not affect determinations of advances under section 164-10.
20 Application
Subclauses 61(1A) and (1B) of Schedule 1A to the Higher Education Support Act 2003 apply to the variation or revocation of determinations made before, on or after the commencement of those subclauses.
Part 5 -- Form of statements of information
Higher Education Support Act 2003
21 Paragraph 19-70(2)(a)
Omit "approved by the Minister", substitute "(if any) approved by the Minister for the information".
22 Paragraph 24(2)(a) of Schedule 1A
Omit "approved by the Minister", substitute "(if any) approved by the Minister for the information".
23 Application
The amendments made by this Part apply in relation to information required after the commencement of this Part to be given.