South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"accredited"—see subsection (3), and
"accredit" and "accreditation" have corresponding meanings;
"ANTA" means—
(a) the
Australian National Training Authority established under the Commonwealth Act;
or
(b) any
other body declared by regulation to be the successor of ANTA;
"Annual VET Plan" has the same meaning as in the ANTA Agreement;
"ANTA Agreement" means the Australian National Training Authority Agreement (a
copy of which is set out in the Schedule of the Commonwealth Act), approved by
the Commonwealth, the States and the Territories;
"apprentice/trainee" means a person (who may be either an apprentice or a
trainee) undertaking training in a trade, declared vocation or other
occupation under a contract of training;
"AQF" means the policy framework entitled "Australian Qualifications
Framework" that defines all qualifications recognised nationally in
post-compulsory education within Australia, endorsed by the Ministerial
Council on Education, Employment, Training and Youth Affairs so as to commence
on 1 January 1995;
"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 the Ministerial Council on 8 June
2001;
"Commission" means the Training and Skills Commission established under Part
2;
"Commonwealth Act" means the Australian National Training Authority
Act 1992 of the Commonwealth, as amended from time to time;
"condition" includes a limitation or restriction;
"contract of training" means a contract of training under Part 4;
"contravene" includes fail to comply with, and
"contravention" has a corresponding meaning;
"corresponding law" means the law of another State or a Territory relating to
vocational education and training;
"course accrediting body" means the body equivalent to the Commission in
another State or a Territory responsible for the administration of the
accreditation of courses under that State's or Territory's corresponding law;
"declared vocation" means an occupation declared by notice in the Gazette
under section 5 to be a declared vocation for the purposes of this Act;
"Grievances and Disputes Mediation Committee" means the
Grievances and Disputes Mediation Committee established under Part 2;
"higher education"—see subsection (2);
"Ministerial Council" means the Council consisting of the Ministers from each
State and the Commonwealth responsible for vocational education and training
operating in accordance with the ANTA Agreement;
"National Protocols" mean the protocols entitled "National Protocols for
Higher Education Approval Processes" relating to quality assurance for the
higher education sector in Australia, endorsed by the Ministerial Council on
Education, Employment, Training and Youth Affairs in March 2000;
"National register" means—
(a) the
National Training Information Service—an information database maintained
by ANTA; or
(b) if
the regulations declare some other information database to be in substitution
for the National Training Information Service—that information database;
"National Training Framework" means the policy framework comprising the AQTF
and the concept of training packages, endorsed by the Ministerial Council in
September 1996;
"qualification" has the same meaning as in the AQF;
"reference group"—see Part 2;
"registered"—see subsection (4), and
"register" and "registration" have corresponding meanings;
"registering body" means the body equivalent to the Commission in another
State or a Territory responsible for the registration of training
organisations under that State's or Territory's corresponding law;
"scope of the registration" of a registered training organisation means the
operations that the organisation is authorised to conduct by its registration;
"standards for accreditation of courses" means—
(a) in
relation to higher education—the criteria for accreditation of courses
under the National Protocols;
(b) in
relation to vocational education and training—the standards
for accreditation of courses under the AQTF;
(c) in
relation to education services for overseas students—the standards
determined from time to time by the Minister;
"standards for registered training organisations" means—
(a) in
relation to a training organisation for higher education—the criteria
for registration of training organisations under the National Protocols;
(b) in
relation to a training organisation for vocational education and
training—the standards for registration of training organisations under
the AQTF;
(c) in
relation to a training organisation for education services for overseas
students—the standards determined from time to time by the Minister;
"standards for State and Territory registering/course accrediting bodies
means—
(a) in
relation to higher education—the criteria for State and Territory
registering bodies and course accrediting bodies under the National Protocols;
(b) in
relation to vocational education and training—the standards for State
and Territory registering bodies and course accrediting bodies under the AQTF,
and includes, in relation to higher education or vocational education and
training, any standards determined from time to time by the Minister for
higher education or vocational education and training;
"statement of attainment" has the same meaning as in the AQF;
"State register" means the register maintained by the Commission for the
purposes of this Act;
"State university" means a university established under an Act of this State;
"trade" means an occupation declared by notice in the Gazette under
section 5 to be a trade for the purposes of this Act;
"training package"—a training package is an integrated set of competency
standards, assessment guidelines and AQF qualifications for a specific
industry, industry sector or enterprise (see, also, the definition of
National Training Framework);
"variation of registration"—see section 22;
"vocational education and training"—see subsection (2).
(2) For the purposes
of this Act—
(a)
education in relation to which qualifications are issued under the
higher education provisions of the AQF is "higher education ;
(b)
education and training for work in relation to which qualifications and
statements of attainment are issued under the vocational education and
training provisions of the AQF is "vocational education and training .
(3) For the purposes
of this Act, a course is "accredited" if—
(a) the
course is entered as an accredited course in higher education, and the
conditions of accreditation and details of the course are recorded, on the
State register by the Commission; or
(b) the
course is entered as an accredited course in vocational education
and training, and the conditions of accreditation and details of the course
are recorded, on the National register by the Commission or some other course
accrediting body.
(4) For the purposes
of this Act, a training organisation is
"registered" if—
(a) the
training organisation is entered as a registered training organisation in
relation to higher education, and the conditions of registration and details
of the organisation are recorded, on the State register by the Commission; or
(b) the
training organisation is entered as a registered training organisation in
relation to vocational education and training, and the conditions of
registration and details of the organisation are recorded, on the
National register whether by the Commission or some other registering body; or
(c) the
training organisation is entered as a registered training organisation in
relation to education and training for overseas students, and the conditions
of registration and details of the organisation are recorded, on the
State register by the Commission.
(5) A reference in
this Act to a particular agreement, policy framework or protocol defined in
subsection (1) is—
(a) a
reference to the agreement, policy framework or protocol as amended from time
to time; or
(b) if
the regulations declare a document to be in substitution for the agreement,
policy framework or protocol—a reference to the substituted document as
amended from time to time.